CLA-2-235:OT:RR:E:NC:N2:235
Mr. Jonathan Selzer
HerbaSway Laboratories
101 North Plains Industrial Road
Wallingford, Connecticut 06492
RE: The tariff classification of blueberry juice extract from China
Dear Mr. Selzer:
In your letter dated September 09, 2008, you requested a tariff classification ruling.
The subject product is an extract made from blueberries. Additional information was requested from you regarding the extraction process. In the supplementary documents submitted, you indicated that the extract is not a juice, but is an extract obtained from the blueberry fruit. The fruit is first pressed to obtain a juice and a residue portion. The residue is extracted using alcohol and then recombined with the liquid portion. The two fractions are eluted with grain alcohol and then dried, filtered and sterilized to produce the final powdered extract. Documentation provided indicates that the powdered extract contains approximately 20 percent anthocyanosides and 40 percent total polyphenols. The powdered extract will be used as a raw material in the production of dietary supplements.
The applicable subheading for the blueberry juice extract will be 1302.19.9140, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Vegetable saps and extracts: Other: Other: Other”. 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 may be 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 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 (646) 733-3046.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division