CLA-2-20:OT:RR:NC:N4:228
Chris Kuehler
Russell A. Farrow (U.S.) Inc.
431 Isom Road, Suite 107
San Antonio, TX 78216
RE: The tariff classification and country of origin of food snacks from the United Arab Emirates
Dear Mr. Kuehler:
In your letter dated April 18, 2017, you requested a tariff classification and country of origin ruling on behalf of HEB Grocery Company, TX.
Ingredients breakdowns, a narrative description of the manufacturing process, a manufacturing flow chart, photographs of the assembly line, and two samples accompanied your letter. The samples were examined and discarded. The Rooted Food Company brand “Popped Lotus Seeds” are said to be snack foods manufactured from harvested lotus seed pods from which the seeds are extracted, heat treated to break the shells, the seeds popped when struck with a wooden bat, shell fragments and impurities removed, heat treated again to make them crispy, flavored, and packaged for retail sale in bags containing 35 grams (1.25 oz.), net weight. The products will be imported in a variety of five flavors directly from the United Arab Emirates which is the country of origin of the finished goods. Title 19 Code of Federal Regulations Part 134.1(b) defines “country of origin” as the country of manufacture, production, or growth of any article of foreign origin entering the U.S.
The Salt & Pepper flavored product is said to contain 80 percent lotus seeds, 10 percent sunflower oil, 5 percent salt and less than 5 percent each maltodextrin, black pepper powder, onion powder, white pepper powder, garlic powder, yeast extracts, citric acid, and silicon diozide.
The Thai Sweet Chilli flavored product is said to contain 80 percent lotus seeds, 10 percent sunflower oil, 5 percent salt, 2 percent sugar and less than 5 percent each red chilli powder, ginger powder, lemongrass powder, garlic powder, galangal powder, yeast extracts, citric acid, sodium diacetate, and silicon diozide.
The Cheese & Chives flavored product is said to contain 80 percent lotus seeds, 10 percent sunflower oil, 5 percent salt 2 percent sugar and less than 5 percent each milk solids, cheese powder, whey powder, onion powder, garlic powder, cheese flavor, parsley, black pepper powder, yeast extracts, citric acid, and silicon diozide.
The Salt & Vinegar flavored product is said to contain 80 percent lotus seeds, 10 percent sunflower oil, 5 percent salt, and less than 5 percent each maltodextrin, corn starch, citric acid, sodium diacetate, silicon diozide, and yeast extracts.
The Jalapeno flavored product is said to contain 80 percent lotus seeds, 10 percent sunflower oil, 5 percent salt, 2 percent sugar and less than 5 percent each maltodextrin, onion powder, garlic powder, jalapeno powder, chilli powder, black pepper powder, yeast extracts, citric acid, sodium diacetate, and silicon diozide.
The applicable subheading for the food snack products will be 2008.19.9090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for fruit, nuts and other edible parts of plants, otherwise prepared or preserved … nuts, peanuts (ground-nuts) and other seeds … other … other …other … other. The rate of duty will be 17.9 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 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