CLA-2-11:OT:RR:NC:2:231
Mr. Donald S. Simpson
Barthco
5101 South Broad Street
Philadelphia, PA 19112
RE: The tariff classification of ground corn from China.
Dear Mr. Simpson:
In your letter dated October 2, 2008, you requested a tariff classification ruling on behalf of your client, Organique International Organic (Westmount, PQ, Canada).
A sample of a coarse, yellowish-beige powder identified as “100% ground corn” was submitted for our examination. You state that the product has no additives, and will be used as animal feed.
The sample has been analyzed by the New York Customs & Border Protection Laboratory, which finds that it is a corn product meeting the technical requirements of Note 2(A) of Chapter 11, Harmonized Tariff Schedule of the United States (HTSUS), but not meeting the requirements of Notes 2(B) or 3 of that chapter.
The applicable subheading for the ground corn will be 1104.23.0000, HTSUS, which provides for cereal grains otherwise worked … : other worked grains … : of corn (maize). The rate of duty will be 0.45 cents per kilogram.
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.
These goods may also be subject to regulations or restrictions administered by the U.S. Department of Agriculture, Animal and Plant Health Division (APHIS). You may contact that agency regarding possible applicable regulations at the following location:
U.S. Department of Agriculture
APHIS
Plant Protection and Quarantine Permit Unit
4700 River Road, Unit 136
Riverdale, MD 20737-1236
Telephone number: 877-770-5990
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 Nathan Rosenstein at (646) 733-3030.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division