CLA-2-20:OT:RR:NC:N2:228
Ms. Paula W. Jones
Food View USA, Inc.
2617 Bissonnet Street – Unit 206
Houston, TX 77005
RE: The tariff classification of a mixed nut and seed spread from New Zealand
Dear Ms. Jones:
In your letter dated January 10, 2022, you requested a tariff classification ruling.
An ingredients breakdown, description of the manufacturing process, a manufacturing flow chart, and a sample of the product accompanied your inquiry. The sample was examined and discarded.
The subject merchandise, “Pic’s Big Mix,” is described as a mixed nut and seed spread with a thick consistency, containing smooth peanut butter and crunchy seeds that are distributed throughout the product. The mixed nut and seed spread is said to contain peanuts, pumpkin seeds, sunflower seeds, hemp seeds, sesame seeds, chia seeds, peanut oil, and salt. Pic’s Big Mix will be imported for retail sale at an ambient temperature and packaged in 300ml glass containers with metal screw on lids.
The applicable subheading for the product, “Pic’s Big Mix,” will be 2008.19.8500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included . . . nuts, peanuts (ground-nuts) and other seeds, whether or not mixed together . . . other, including mixtures . . . other, including mixtures . . . mixtures. The general rate of duty will be 22.4 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