CLA-2-21:OT:RR:NC:N4:228
Ms. Karine Gagiryan
Herbalife Internation of America Inc.
950 West 190th Street
Torrance, CA 90502
RE: The tariff classification of Papaya Fruit Powder from China
Dear Ms. Kagiryan:
In your letter dated February 1, 2017 you requested a tariff classification ruling.
The subject merchandise is Papaya Fruit Powder (botanical name Carica papaya) said to contain papaya fruit powder, maltodextrin and dried glucose. You have stated that the dried papaya fruit is cut into small pieces, steam sterilized, milled, sieved through 80 mesh (177 micro particle size), blended with maltodextrin and dried glucose, and spray dried. The product which will be used in the manufacture of dietary supplements is packed in plastic lined fiber drums.
In your letter, you suggested classification under heading 1211, HTSUS, the provision for plants and parts of plants (including seeds and fruits), of a kind used primarily in perfumery, in pharmacy or for insecticidal, fungicidal or similar purposes, fresh or dried, whether or not cut, crushed or powdered. You also suggested classification under heading 1302, HTSUS, the provision for vegetable saps and extracts; pectic substances, pectinates and pectates; agar-agar and other mucilages and thickeners, whether or not modified, derived from vegetable products. Based on the ingredients breakdowns and flow chart, Papaya Fruit Powder will be classified elsewhere.
The applicable subheading for the Papaya Fruit Powder will be 2106.90.9898, HTSUS, which provides for food preparations not elsewhere specified or included . . . other . . . other . . . other . . . other . . .other . . . other. The general 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 the World Wide Web at https://hts.usitc.gov/current. 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 www.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,
Steven A. Mack
Director
National Commodity Specialist Division