CLA-2-11:OT:RR:NC:N25228
JEFF MOATS
NITRO-C, LLC
5077 Teak Wood Dr.
Naples, FL 34119-2505
RE: The tariff classification of fruit powder from Brazil
Dear Mr. Moats:
In your letter dated November 15, 2025, you requested a tariff classification ruling.
An ingredients breakdown, description of the manufacturing process, and pictures of the product
accompanied your inquiry.
Wild harvested Camu Camu fruit (Myyciaria dubai) is said to be harvested by hand in Brazil where the whole
fruit is processed into a slurry puree (including the pulp, skin & seed), dried using indirect low heat, infrared
light, and milled into a powder. The product, 100 percent Camu Camu powder, will be vacuum packaged into
4 kg. mylar bags for export to the United States to be encapsulated into 500 mg. capsules. The capsules will
contain the fruit powder and other flavorings for sale as what is described as single serve stick pack drinks.
The applicable subheading for the Camu Camu powder will be 1106.30.4000, Harmonized Tariff Schedule of
the United States (HTSUS), which provides for flour, meal and powder of products of chapter 8… other. The
general rate of duty will be 9.6 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 of Brazil will be
subject to an additional ad valorem rate of duty of 10 percent. 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
1106.30.4000, HTSUS, listed above.
Effective August 6, 2025, Executive Order 14323 imposed additional duties on products from Brazil. At this
time, products of Brazil provided by heading 9903.01.77, except for products described in headings
9903.01.78 – 9903.01.83 and 9903.01.90, will be subject to an additional ad valorem rate of duty of 40
percent. At the time of entry, you must report the Chapter 99 heading applicable to your product
classification, i.e. 9903.01.77, in addition to subheading 1106.30.4000, 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/.
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 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 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)
Deborah Marinucci
Designated Official Performing the Duties of the Division Director
National Commodity Specialist Division