CLA-2-19:OT:RR:NC:2:228
Mr. Ted Weiss
T.H. Weiss, Inc.
2 Johnson Road
Lawrence, NY 11559
RE: The tariff classification of premixes from Great Britain
Dear Mr. Weiss:
In your letter dated March 23, 2011, on behalf of Watson Food Co. Inc., West Haven, CT, you requested a tariff classification ruling.
Samples and production data sheets for two products accompanied your letter. Except as noted below, the sample was examined and disposed of. Premix for Gluten Free Blueberry Muffin (product code BTC10620) is a powder said to be composed of rice starch, emulsifiers and flavorings, imported in 25-kilogram plastic/paper sacks.
The applicable subheading for the Premix for Gluten Free Blueberry Muffin will be 1901.90.9095, HTSUS, which provides for food preparations of flour, groats, meal, starch or malt extract, not containing cocoa…other…other…other…other. The rate of duty will be 6.4 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 World Wide Web at http://www.usitc.gov/tata/hts/.
Your inquiry does not provide enough information for us to give a classification ruling on Premix for Gluten Free Loaf (product code BTC10593). Your request for a classification ruling should include a complete ingredients breakdown by weight for the product. The breakdown must also provide the protein content for the “whey proteins” ingredient. When this information is available, you may wish to consider resubmission of your request. The sample of this product will be retained with the National Import Specialist for thirty (30) days, pending receipt of the above information.
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.
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 Stanley Hopard at (646) 733-3029.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division