CLA-2-20:OT:RR:NC:N2:228
Ms. Wendy Burns
Northern Customs Services, Inc.
P.O. Box 331
Lewiston, NY 14092
RE: The tariff classification of fruit snacks from Canada
Dear Ms. Burns:
In your letter dated September 30, 2014, received by the Customs Information Exchange on October 16th, you requested a tariff classification ruling on behalf of Skjodt Barrett Foods, Inc., Canada.
Ingredient breakdowns, descriptions, package labels, and samples accompanied your letter. The samples were examined and disposed of. The Smashpack® products are said to be smoothie type fruit and high protein snacks in three flavors with a thick, smooth, paste-like consistency. Orange Peach flavor is light brown said to contain approximately 40 percent water, 25 percent banana puree, 12 percent apple puree, 6 percent whey protein concentrate, 6 percent whey protein isolate, 3 percent sunflower oil, 3 percent peach puree concentrate, 3 percent pear juice concentrate, 1 percent orange juice concentrate, 1 percent natural orange peach flavor, 1% pectin, and less than 1 percent citric acid, ascorbic acid, and antifoam ingredient. Tropical flavor is beige said to contain approximately 34 percent water, 18 percent banana puree, 14 percent coconut cream, 9 percent mango puree, 9 percent apple puree, 6 percent whey protein concentrate, 6 percent whey protein isolate, 3 percent pineapple juice concentrate, 1 percent natural tropical flavor, and less than 1 percent each citric acid, ascorbic acid, pectin and antifoam ingredient. Mixed Berry flavor is light brown said to contain approximately 27 percent water, 25 percent banana puree, 14 percent strawberry puree, 12 percent apples puree, 6 percent whey protein concentrate, 6 percent whey protein isolate, 4 percent blueberry puree concentrate, 3 percent sunflower oil, 1 percent raspberry juice concentrate, 1 percent natural mixed berry flavor, and less than 1 percent each citric acid, ascorbic acid, pectin, blackberry juice concentrate, and antifoam ingredient. The three products are packaged in 5 oz., net weight, shelf stable, metallized plastic laminated, cheer pack pouches with a gusseted bottom and a plastic re-sealable cap. They will be imported 6 pouches each in boxes that will be sold at retail. The products are said to be intended for adult health and wellness nutrition.
The applicable subheading for the tropical flavor, and mixed berry flavor snacks will be 2008.97.1040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included…other, including mixtures…mixtures…in airtight containers and not containing apricots, citrus fruits, peaches or pears…other. The general rate of duty will be 5.6 percent ad valorem.
The applicable subheading for the orange peach flavor snacks will be 2008.97.9094, HTSUS, which provides for fruit, nuts and other edible parts of plants, otherwise prepared or preserved…mixtures…other…other…other. The general rate of duty will be 14.9 percent ad valorem.
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 http://www.usitc.gov/tata/hts/.
Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, indelibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (19 CFR Part 134). The labels you submitted do not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs Import Specialist at the proposed port of entry.
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 ww.fda.gov/oc/bioterrorism/bioact.html.
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 Bruce N. Hadley, Jr. at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division