CLA-2-12:OT:RR:NC:N2:232

Mr. Abimbola Okubena
Health Forever Product Ltd.
11 Dipeolu Street
Ileja 100091
Nigeria

RE: The tariff classification of Sorghum Powder from the Federal Republic of Nigeria

Dear Mr. Okubena:

In your letter dated March 21, 2018, you requested a tariff classification ruling. The sample was examined and disposed of.

The subject merchandise is 100 percent Sorghum, a grass species cultivated for its grains. It is intended to be used for human consumption as a dietary supplement. The product is also used for animals. The Sorghum will be imported in bulk powder form.

The applicable subheading for the Sorghum Powder will be 1211.90.9290, Harmonized Tariff Schedule of the United States (HTSUS), which provides 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, chilled, frozen or dried, whether or not cut, crushed or powdered: Other: Other: Fresh or Dried: Other: Other. The rate of duty will be free.

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 telephone number (301) 575-0156, or at the website 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 Frank Troise at frank.l.troise.cbp.dhs.gov.

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division