CLA-2-20:OT:RR:NC:N2:228
Ms. Elizabeth Gutmann
Savino Del Bene USA, Inc.
149-10 183rd Street
Jamaica, NY 11413
RE: The tariff classification of snack foods from Italy
Dear Ms. Gutmann:
In your letter dated April 2, 2018, you requested a tariff classification ruling on behalf of your client, Brami Inc., New York.
Product specification sheets, ingredients breakdowns, a manufacturing flowchart, a narrative description of the manufacturing process and four samples, Brami brand, accompanied your inquiry. The samples were examined and discarded.
The “Sea Salt Lupini Snack” is said to contain water, salted Lupini beans (debittered, dehulled and cooked), sea salt, and vinegar. The “Garlic & Herb Lupini Snack” is said to contain water, salted Lupini beans (debittered, dehulled, and cooked), sea salt, vinegar, garlic, rosemary, and lactic acid. The “Balsamic & Herb Lupini Snack” is said to contain water, salted Lupini beans (debittered, dehulled, and cooked), vinegar, sea salt, and oregano. The “Chili Lime Lupini Snack” is said to contain water, Lupini beans, Jalapeno Puree, sea salt, vinegar, and lime juice. All four products are imported for retail sale in 5.3 ounce pouches, 8 pouches to a box.
You state you believe the products are classified in subheading 2005.51.40, which provides for beans prepared and preserved otherwise than by vinegar or acetic acid…. Based on the ingredients list three products will be classified elsewhere.
The applicable subheading for the “Sea Salt Lupini Snack”, the “Garlic & Herb Lupini Snack”, and the “Balsamic & Herb Lupini Snack” will be 2001.90.3000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid… other… other… beans. The general rate of duty will be 5.8 percent ad valorem.
The applicable subheading for the “Chili Lime Lupini Snack” will be 2005.51.4040, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006…Beans (Vigna spp., Phaseolus spp.)…Beans, shelled…other…other. The rate of duty will be 1.5 cents per kilogram on the entire contents of the container.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
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 https://hts.usitc.gov/current.
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.
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,
Steven A. Mack
Director
National Commodity Specialist Division