CLA-2-20:OT:RR:NC:N2:228
Ms. Ashely Hong
Nissin International Transport U.S.A. Inc.
1540 West 190th Street
Torrance, CA 90501
RE: The tariff classification of soup mixes and a vegetable preparation from Japan
Dear Ms. Hong:
In your letter dated March 13, 2015 and an undated letter received on April 15, 2015, you requested a tariff classification on behalf of Wismettac Asian Foods, CA.
Process charts, ingredients breakdowns, and product labels for four products were provided with your March 13th letter. A clearer version of the same information, additional information, and four samples were submitted with your second letter. One of the samples was forwarded to U.S. Customs and Border Protection laboratory for analysis and the remainder were examined and discarded. Tokyuo Ochazuke Nori Nagatanien (item# 33813), Ume-boshi Chazuke Nagatanien (item# 33002), and Ochazuke Nori (item#33001), all advertised as a seasoning for rice soup, are actual dry soup mixes in packets, packed in sealed plastic bags for retail sale containing eight, six, and four packets, respectively. The use directions instruct consumers to place cooked rice in a bowl, add one packet of product, pour in boiling water, and it is ready to serve. All three products contain green granular, bead-sized or cylindrical-shaped rice crackers, and shredded seaweed. The Ume-boshi Chazuke Nagatanien also contains pink granular and other dried articles.
The Tokyuo Ochazuke Nori Nagatanien and the Ochazuke Nori consist of approximately 35 percent salt, 29-30 percent rice cracker, 20 percent sugar, 8 percent monosodium glutamate, 7 percent seaweed or laver, 1 percent green tea powder, and less than 1 percent of kelp powder, disodium inosinate, and disodium guanylate. The Ume-boshi Chazuke Nagatanien is composed of approximately 29 percent salt, 25 percent rice cracker, 10 percent monosodium l-glutamate, 8 percent laver, 8 percent pickled plum, 8 percent sugar, 4 percent perilla extract, 3 percent perilla seeds, 2 percent perilla leaves, 1 percent plum vinegar, 1 percent green tea powder, and less than 1 percent, each, kelp powder, yeast extract, natural flavor, disodium inosinate, and disodium guanylate.
“Seasoning Mix for Sushi Rice” (item# 33805) is a set put up in a plastic bag containing two pouches of “Seasoning Mix for Sushi Rice” and two packets of shredded seaweed, weighing 10.52 oz. (298.4 grams), net weight. Examination of a sample of a “Seasoning Mix for Sushi Rice” pouch revealed the product to be a vegetable mixture in a liquid medium, said to contain approximately 17 percent sugar, 15 percent lotus roots, 13 percent water, 12 percent carrot, 11 percent rice vinegar, 7 percent sorbitol, 6 percent gourd strips, 5 percent bamboo shoot, 3 percent shiitake (Japanese) mushroom, 3 percent salt, 3 percent soy sauce, 2 percent corn syrup, 1 percent sweet cooking rice wine, 1 percent kelp extract, and less than 1 percent each of plum extract, yeast extract, bonito powder, palatinit, and sucralose. Laboratory analysis of a sample of the product revealed the product contains 1.24 percent acetic acid. The use directions instruct consumers to cook two cups of rice, place warm cooked rice in a large bowl, and add one pouch of the “Seasoning Mix for Sushi Rice”, mix quickly, sprinkle one packet of the seaweed as topping, and it is ready to serve.
The applicable subheading for the “Seasoning Mix for Sushi Rice” (item# 33805), will be 2001.90.3800, Harmonized Tariff Schedule of the United States (HTSUS), which provides for vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid … other … other … vegetables … other. The general rate of duty will be 9.6 percent ad valorem.
The applicable subheading for the Tokyuo Ochazuke Nori Nagatanien (item# 33813), the Ume-boshi Chazuke Nagatanien (item# 33002), and the Ochazuke Nori (item#33001) will be 2104.10.0020, HTSUS, which provides for soup and broths and preparations therefor ... dried. The general rate of duty will be 3.2 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 the World Wide Web at http://www.usitc.gov/tata/hts/.
This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site ww.fda.gov/oc/bioterrorism/bioact.html.
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 Bruce N. Hadley, Jr. at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division