CLA-2-13:OT:RR:NC:N2:235
Ms. Jeanine Obilor
TIC Gums Inc.
10552 Philadelphia Road
White Marsh, MD 21162
RE: The tariff classification of Gum Arabic
Dear Ms. Obilor:
In your letter dated January 10, 2014, you requested a tariff classification ruling. You provided four samples and Material Safety Data Sheets. The samples provided were forwarded to the Customs & Border Protection laboratory. The following is based on the result of the laboratory analysis.
The subject products, Acacia Senegal Grade 1 (Lot No. 514632-3000) and Acacia Seyal Grade 2 (Lot No. 513914-7000) are manufactured from raw gum acacia extracted from acacia trees. According to your letter, the items will be used as a stabilizer in food and beverage products.
The applicable subheading for the Acacia Senegal Grade 1 and Acacia Seyal Grade 2 will be 1301.20.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Gum Arabic. The rate of duty will be Free.
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 World Wide Web at http://www.usitc.gov/tata/hts/.
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.
We could not determine the classification for TIC Pretested® Gum Arabic Spray Dry FCC Powder (Lot No. 23418) and Pre-Hydrated® Gum Arabic FT (Lot No. 25511). The following information is required in order for the laboratory to issue a complete opinion on the products:
Provide detailed information regarding the several heat treatment and agglomeration steps.
Describe how the heat treatment, if applicable, would modify the structure and performance of the acacia gum.
Is there a chemical treatment required for the processing of the gum into power form? If so, how is the product altered?
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 Paul Hodgkiss at [email protected].
Sincerely
Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division