CLA-2-20:OT:RR:NC:N5:228
Joanne Muro
Global International Inc
2116 Merrick Avenue
Merrick, NY 11566
RE: The tariff classification of energy bars from Turkey
Dear Ms. Muro:
In your letter dated July 14, 2025, you requested a tariff classification ruling on behalf of your client, Saga
Consulting LLC.
An ingredients breakdown, a narrative description of the manufacturing process and samples of the product
accompanied your inquiry. The samples were examined and discarded.
The subject merchandise, “PepCubes – Walnut Version,” “PepCubes – Vegan Version,” and “PepCubes –
Orange Version,” are described as energy bars with no added sugar or artificial sweeteners. “PepCubes –
Walnut Version,” is said to contain approximately 72 percent carrots, honey, dried figs, walnuts, grape
molasses, spice mix, citric acid/lemon salt, potassium sorbate and sodium benzoate. “PepCubes – Vegan
Version,” is said to contain approximately 55 percent purple carrots, dates (whole pitted in addition to natural
date syrup), dried apples, dried pears, dried prunes, dried strawberry, strawberry powder, citric acid/lemon
salt, potassium sorbate and sodium benzoate.“PepCubes – Orange Version,” is said to contain approximately
81 percent carrots, honey, dried figs, orange peel powder, citric acid/lemon salt, potassium sorbate and
sodium benzoate.
The products are said to be prepared by first cleaning and washing carrots, subsequent to boiling them in
copper boilers with minimal water until softened. Next, honey or date syrup are said to be added to provide
natural sweetening followed by dried figs. The mixture is further cooked with the addition of nuts, spices,
dried fruits and preservatives. The mixture is stirred thoroughly, pressed into customs trays, dried, cut into
uniform cubes, and packed for retail sale in an ambient condition with each individual pack containing two
cubes, each weighing approximately 15 grams each and measuring approximately 1 inch in width by half an
inch in height. The products are marketed towards health-conscious consumers and will be sold to health
food stores, specialty grocers, and online wellness retailers.
The applicable subheading for the products, “PepCubes – Walnut Version,” “PepCubes – Vegan Version,”
and “PepCubes – Orange Version,” if imported in airtight containers will be 2005.99.1000, Harmonized
Tariff Schedule of the United States (HTSUS), which provides for other vegetables prepared or preserved
otherwise than by vinegar or acetic acid, not frozen…other vegetables and mixtures of vegetables…carrots in
airtight containers. The general rate of duty will be 6.4 percent ad valorem. If the containers are not airtight,
the products will be classified in 2005.99.9700, HTSUS, which provides for other vegetables prepared or
preserved otherwise than by vinegar or acetic acid, not frozen…other vegetables and mixtures of
vegetables…other. The general rate of duty will be 11.2 percent ad valorem.
Effective April 5, 2025, Executive Orders implemented “Reciprocal Tariffs.” All imported merchandise must
be reported with either the Chapter 99 provision under which the reciprocal tariff applies or one of the
Chapter 99 provisions covering exceptions to the reciprocal tariffs. At this time products from all countries,
including Turkey, will be subject to an additional 10 percent ad valorem rate of duty. At the time of entry,
you must report the Chapter 99 heading applicable to your product classification, i.e. 9903.01.25, in addition
to subheading 2005.99.1000, HTSUS, or 2005.99.9700, HTSUS, listed above.
The tariffs and additional duties cited above are current as of this ruling’s issuance. 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 at https://hts.usitc.gov/.
A marked sample of the Peanut PepCube Energy Bar was submitted for review with your letter. The sample
package is approximately 3-1/2 inches long, 1-1/2 wide, and 1 inch thick. Appearing entirely under a fold,
which is sealed closed, is a legend that reads, “Origin country: TURKEY.” That legend is not visible or
conspicuous and cannot be read until and unless the wrapper is partially unfastened.
The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless
excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a
conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will
permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country
of origin of the article.
As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country-of-origin marking is
considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it
without strain. The proposed marking of the imported package is not an acceptable country of origin
marking for the imported Peanut PepCube Energy Bar. The marking must be visible without having to
unfasten or detach a portion of the wrapper for it to be seen and must be located in a conspicuous place.
While it need not be in the most conspicuous place, it must be where it can be seen with a casual handling of
the article, not in a position where it will be covered or concealed by, as here, a subsequent attachment or
addition. The marking must be visible without disassembling the item or removing or changing the position
of the wrapper. Moreover, the legend “Origin country: TURKEY” is not acceptable. Rather, it should
legibly read “Made in Turkey” or “Product of Turkey,” appear in an adequate size, and be clear enough to be
read easily by a person of normal vision.
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.
The holding set forth above applies only to the specific factual situation and merchandise description as
identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations
(CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the
information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and
complete in every material respect. In the event that the facts are modified in any way, or if the goods do not
conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and
Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2.
Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic
verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection
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, please contact
National Import Specialist Timothy Petrulonis at [email protected].
Sincerely,
(for)
James Forkan
Acting Director
National Commodity Specialist Division