CLA-2-21:OT:RR:NC:232
Mr. Christopher M. Kane
Simon Gluck & Kane LLP
1700 Broadway, 31st Floor
New York, NY 10019
RE: The tariff classification of Green Coffee Bean Fluid Extract from France
Dear Mr. Kane:
In your letter dated August 9, 2012, you requested a tariff classification ruling. Descriptive literature and a sample were submitted with your request. The sample will be returned as per your request.
The subject merchandise, Green Coffee Bean Fluid Extract, is a medium to dark brown liquid extract of green coffee beans consisting of water, green coffee extract, propylene glycol and citric acid. It will be used as an ingredient in the manufacture of a non-carbonated sports drink. Green Coffee Bean Fluid Extract is described as a color stabilizing ingredient used exclusively to support color retention and standardization in the finished non-carbonated sports drink. The Green Bean Coffee Fluid Extract is one of several ingredients that are required to construct a concentrate kit for production of the finished beverage in the United States. The product is manufactured in France.
The applicable subheading for the Green Coffee Bean Fluid Extract will be 2101.11.2949, Harmonized Tariff Schedule of the United States (HTS), which provides for Extracts, essences and concentrates of coffee, and preparations with a basis of these extracts, essences or concentrates or with a basis of coffee: extracts, essences and concentrates…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 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 Frank Troise at (646) 733-3031.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division