CLA-2-11:OT:RR:NC:N2:228
RE: The tariff classification of Biokia berry products from Finland
Ms. Victoria Waller
BDG International, Inc.
840 Tollgate Road
Elgin, IL 60123
Dear Ms. Waller:
In your letter dated April 4, 2017 you requested a tariff classification ruling on behalf of Chicago Import Company Inc., IL. The ruling was returned to you for additional information, which was received by this office on November 3, 2017.
Ingredients breakdowns, manufacturing flowcharts, and samples of four products accompanied your letter. The samples were examined and discarded.
Biokia Bilberry Powder is said to contain 100 percent whole dried bilberries. The product is dried at a temperature of 42 to 45 degrees Celsius for 1 to 3 days, ground to a powder, sieved, and packaged. The product is partially soluble in water and requires mixing. Once mixed, the product is to be used as a drink for human consumption and has a typical fresh berry taste and flavor. Bilberry powder can also be used in smoothies and to sprinkle over food for flavoring. The product is sold in a case of 15 single pouches, with each pouch weighing 1 ounce, net weight.
Biokia Lingonberry Powder is said to contain 100 percent whole dried lingonberries. The product is dried at a temperature of 42 to 45 degrees Celsius for 1 to 3 days, ground to a powder, sieved, and packaged. The product is partially soluble in water and requires mixing. Once mixed, the product is to be used as a drink for human consumption and has a typical fresh berry taste and flavor. Lingonberry powder can also be used in smoothies and to sprinkle over food for flavoring. The product is sold in a case of 15 single pouches, with each pouch weighing 1 ounce, net weight.
The applicable subheading for the Biokia Bilberry Powder, and the Biokia Lingonberry Powder will be 1106.30.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for flour, meal and powder … of the products of chapter 8 … other. The general rate of duty will be 9.6 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.
Your inquiry does not provide enough information for us to give a classification ruling on the Biokia Dried Bilberry, and the Biokia Dried Lingonberry. Your request for a classification ruling should include answers to the following questions:
What is the total sugar content of the frozen berries expressed in percentage format before the process involving the infusion of liquid sugar?
What is the total sugar content of the berries (fructose, glucose, sucrose, etc.) expressed in percentage format after the infusion process?
When this information is available, you may wish to consider resubmission of your request to the Director, National Commodity Specialist Division, U.S. Customs and Border Protection, 201 Varick Street, Suite 501, New York NY 10014, Attn: Binding Ruling Request. If you decide to resubmit your request, please include all of the material that we have returned to you and a copy of this letter.
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,
Steven A. Mack
Director
National Commodity Specialist Division