CLA-2-21:OT:RR:NC:N2:228
Mr. Mark Cohen
Ryukohsya USA, Inc.
4339 Rilea Way
Oakland, CA 94605
RE: The tariff classification of an edible paste from Japan
Dear Mr. Cohen:
In your letter dated July 22, 2021, you requested a tariff classification ruling.
An ingredients breakdown, manufacturing flowchart, and pictures of the product label accompanied your inquiry.
The product, “F59,” is described as a consumable and ingestible fermented paste product produced from the liquid extract of over 60 fruits, vegetables, botanicals, and herbs. The product is said to contain approximately 12 percent fermented germinated brown rice, 10 percent fermented coix seeds, 10 percent isomulti-oligosaccharide, 9 percent fructo-oligosaccharide, 5 percent each of muscovado, job’s tear seed, and mulberry leaf, 4 percent each of malt sugar, brown rice seed, and Jerusalem artichoke tuber, 3 percent each of corn seed, pomegranate fruit, bitter gourd fruit, cabbage leaf, green tea leaf, 1 percent each of Korean ginseng root, potato tuber, and clementine fruit, in addition to trace amounts of daikon root, black garlic bulb, lemon fruit, pineapple fruit, tomato fruit, shiitake mushrooms fruit body, apple fruit, sweet potato root, melon fruit, black rice seed, strawberry fruit, glutinous rice seed, watermelon fruit, grape fruit, white mushrooms fruit body, shimeji fruit body, king oyster mushrooms fruit body, taro tuber, maitake fruit body, red rice, celery, kale, fig, blueberry, onion, rice, cucumber, mango, peach, parsley, carrot, spinach, asparagus, okra, kiwi fruit, turnip, white sesame seed, wasabi, black sesame seed, apricot, barley, bell pepper, eggplant, watercress, ginger, pea, and broad beans.
The product will be packaged for retail sale in aluminum packets containing a tear-off top, with a net weight of 7 grams. The product labeling indicates that the product, “F59,” is “a unique, beneficial and delicious snack,” and a “prebiotic promoting a healthy gut and digestion.” The suggested use is 2 packets of the product daily, at least 4 hours apart.
The applicable subheading for the product, “F59” will be 2106.90.9897, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or included . . . other . . . other . . . containing sugar derived from sugar cane and/or sugar beets. 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 Timothy Petrulonis at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division