CLA-2:18:OT:RR:NC:N5:232
Ms. Joanne Muro
Global International Inc.
2116 Merrick Avenue
Suite 4004A
Merrick, NY 11566
RE: The tariff classification of Peanut PepCubes Energy Bar from Turkey
Dear Ms. Muro:
In your letter dated July 14, 2025, you requested a tariff classification determination on behalf of Saga
Consulting LLC (West Hills, CA). An ingredients breakdown, narrative description of the manufacturing
process, and product sample accompanied your inquiry. The sample was examined and discarded since you
did not desire its return.
The subject merchandise is described as a Peanut PepCubes Energy Bar. It is a bite-sized, shelf-stable
product said to have no added sugar or artificial sweeteners. The merchandise is described as consisting of
approximately 56 percent carrots, honey, dates, dried figs, peanut butter, peanut powder, pea protein, cocoa,
citric acid/lemon salt, potassium sorbate and sodium benzoate.
The product is said to be prepared by first cleaning and washing carrots, which are then boiled in copper pots
until softened. Next, honey or date syrup is added to provide natural sweetening, followed by the addition of
dried figs. After peanut butter, peanut powder, pea protein, spices, dried fruits, and preservatives are added,
the mixture is cooked, stirred, pressed into customs trays, dried, cut into uniform cubes, and packed for retail
sale in an ambient condition. An individual pack contains two cubes, each weighing approximately 15 grams
and measuring approximately 1 inch in width by a half inch in height. The product is said to be marketed to
health-conscious consumers and will be sold to health food stores, specialty grocers, and online wellness
retailers.
The applicable subheading for the above-described Peanut PepCubes Energy Bar will be 1806.32.3000,
Harmonized Tariff Schedule of the United States (HTSUS), which provides for: “Chocolate and other food
preparations containing cocoa: Other, in blocks, slabs or bars: Not filled: Preparations consisting wholly of
ground cocoa beans, with or without added cocoa fat, flavoring or emulsifying agents, and containing not
more than 32 percent by weight of butterfat or other milk solids and not more than 60 percent by weight of
sugar: Other.” The rate of duty will be 4.3 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 1806.32.3000, 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 PepCubes 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 PepCubes 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 Frank Troise at [email protected].
Sincerely,
(for)
James Forkan
Acting Director
National Commodity Specialist Division