CLA-2-19:OT:RR:NC:N2:231
Ms. Julie Dreke
Toshoku America Inc.
15407 McGinty Road West
Wayzata, MN 55391
RE: The tariff classification of Mesquite Powder from Peru
Dear Ms. Dreke:
In your letter dated January 23, 2020, you requested a tariff classification ruling.
The subject merchandise is 100 percent Mesquite Powder (Prosopis pallida). According to the submitted flowchart, mesquite pods are selected, washed, dried, ground, sieved, and packed. The product, which is nutrient rich, is described as suitable for use in smoothies, confectionaries, pastries, ice creams and as a substitute for chocolate and sweeteners. Mesquite Powder will be packed in high-density polyethylene bags with a net weight of 10 kilogram.
The applicable subheading for the Mesquite Powder will be 1901.90.9195, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: “Food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40 percent by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included: Other: Other: Other: Other.” The rate of duty will be 6.4 percent ad valorem.
Articles classifiable under subheading 1901.90.9195, HTSUS, which are products of Peru, are currently entitled to duty free treatment under the United States-Peru Trade Promotion Agreement Implementation Act (PETPA) upon compliance with all applicable regulations.
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.
The importation of this merchandise may be subject to restrictions imposed by the U.S. Department of Agriculture (USDA). Information regarding applicable regulations administered by the USDA may be addressed to that agency at the following location: U.S. Department of Agriculture Animal and Plant Health Inspection Service (APHIS), Plant Protection and Quarantine (PPQ) 4700 River Road, Unit 136 Riverdale, MD 20737
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 Ekeng Manczuk at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division