CLA-2-21:OT:RR:NC:2:235

Ms. Ellen Schwartz
T.H. Weiss Inc.
480 McClellen Hwy., Suite 304
East Boston, MA 02128

RE: The tariff classification of various yeast products from Belgium

Dear Ms. Schwartz:

In your letter dated February 12, 2011, you requested a tariff classification ruling on behalf of Crosby and Baker Ltd.

The subject products are brewing yeast preparations which will be used for beer making. The yeasts in question are sold in small packets called sachets. Each of the yeasts is used in the fermentation process to produce various kinds of beer. You indicate that they are sold to the home and microbrewing markets. The subject products are as follows:

Safbrew S-33 Safale US-05 Saflager S-23 Safbrew WB-06

The listed ingredients in the Safbrew S-33 sachet consist of Yeast (Saccharomyces cerevisiae) and an emulsifier (E-491). Package labeling indicates it is dry brewing yeast. The listed ingredients in the Safale US-05 sachet consist of Yeast (Saccharomyces cerevisiae) and an emulsifier (E-491). Package labeling indicates it is a dry ale yeast.

The listed ingredients in the Saflager S-23 sachet consist of Yeast (Saccharomyces cerevisiae) and an emulsifier (E-491). Package labeling indicates it is a dry lager yeast.

The listed ingredients in the Safbrew WB-06 sachet consist of Yeast (Saccharomyces cerevisiae) and an emulsifier (E-491). Package labeling indicates it is a dry wheat beer yeast.

The applicable subheading for the Safbrew S-33, Safale US-05, Saflager S-23, and the Safbrew WB-06 will be 2102.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Yeasts (active or inactive); other single-cell microorganisms, dead (but not including vaccines of heading 3002); prepared baking powders: Active yeasts.” The rate of duty will be 6.4 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Paul Hodgkiss at (646) 733-3046.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division