CLA-2-23:OT:RR:NC:N2:231
Ms. Jessie Parnell
WittyGlo Signs, Inc.
190 Phillips Road
Lucedale, MS 39452
RE: The tariff classification of Insect Food from China
Dear Ms. Parnell:
In your letter, dated September 29, 2022, you requested a tariff classification determination.
The subject merchandise is Insect Food composed of pureed bananas, apple cider vinegar, and Sodium D-isoascorbate (preservative). These ingredients are combined to form a puree with the consistency of baby food or mayonnaise. You indicated that insects are drawn to this food source, which will be placed in a tray within your WittyGlo units. The insect food will be packaged in one-ounce sealed pouches that can be torn open at the top, with the food poured into the tray within the WittyGlo units. There will be six one-ounce food pouches in each box/package that is sold as its own stock keeping unit (SKU) number. The intended market for the insect food is for WittyGlo unit users wishing to attract insects such as fruit flies, mosquitoes, gnats, and house flies.
We must note that should the WittyGlo unit be imported together with the insect food, then the classification for the insect food that is indicated in this ruling would not apply as it would not be considered the component that imparts the essential character to the imported item. You have noted that you are seeking a separate tariff classification ruling for the WittyGlo unit. As such, this ruling applies to shipments of only the insect food that is imported separately and independently.
The applicable subheading for the Insect Food will be subheading 2309.90.9500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: “Preparations of a kind used in animal feeding: Other: Other: Other: Other: Other.” The general rate of duty will be 1.4 percent ad valorem.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 2309.90.9500, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 2309.90.9500, HTSUS, listed above.
The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively.
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 the 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 Title 19 of the Code of Federal Regulations (19 C.F.R. Part 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 questions regarding the ruling, contact National Import Specialist Ekeng Manczuk at [email protected]. Sincerely,
Steven A. Mack Director National Commodity Specialist Division