CLA-2-32:RR:NC:2:236 L88342
Mr. Conor Buckley
BL Ingredients
1007 Church Street, Suite 305
Evanston, IL 60201
RE: The tariff classification of Annatto Extract BD-5000, ß-Carotene BD-5000, Paprika Extract BD-5000, and ß-Apo-8’-carotenal BD-5000, from Australia, New Zealand, or Ireland
Dear Mr. Buckley:
In your letter dated October 18, 2005, you requested a tariff classification ruling. Our laboratory has now completed its analysis of the submitted samples.
The first product, Annatto Extract BD-5000, is stated in your letter to consist of the following ingredients (by weight): 1.100 % annatto oil suspension, 0.020% Dl-?-alpha tocopherol, and 98.880% anhydrous milk fat.
The second product, ß-Carotene BD-5000, is stated in your letter to consist of the following ingredients (by weight): 1.100 % beta carotene oil suspension, 0.020% Dl-?-alpha tocopherol, and 98.880% anhydrous milk fat.
The third product, Paprika Extract BD-5000, is stated in your letter to consist of the following ingredients (by weight): 1.100% paprika oleoresin dispersion, 0.020% Dl-?-alpha tocopherol, and 98.880% anhydrous milk fat.
The fourth product, ß-Apo-8’-carotenal BD-5000, is stated in your letter to consist of the following ingredients (by weight): 1.100 % ß-Apo-8’-carotenal oil dispersion, 0.020% Dl-?-alpha tocopherol, and 98.880% anhydrous milk fat.
You indicate in your letter that the subject products will be used for coloring various foodstuffs.
The applicable subheading for Annatto Extract BD-5000 will be 3203.00.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Coloring matter of vegetable or animal origin (including dyeing extracts but excluding animal black), whether or not chemically defined; preparations as specified in note 3 to this chapter based on coloring matter of vegetable or animal origin: Annatto, archil, cochineal, cudbear, litmus, logwood and marigold meal.” The rate of duty will be free.
The applicable subheading for ß-Carotene BD-5000 will be 2106.90.9998, HTSUS, which provides for “Food preparations not elsewhere specified or included: Other: Other: Other: Other: Other: Other: Other: Other: Other: Other.” The rate of duty will be 6.4 percent ad valorem.
The applicable subheading for Paprika Extract BD-5000 and ß-Apo-8’-carotenal BD-5000 will be 3203.00.8000, HTSUS, which provides for “Coloring matter of vegetable or animal origin (including dyeing extracts but excluding animal black), whether or not chemically defined; preparations as specified in note 3 to this chapter based on coloring matter of vegetable or animal origin: Other.” The rate of duty will be 3.1 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/.
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 website www.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 Debra Wholey at 646-733-3034.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division