CLA-2-11:OT:RR:NC:N2:228
Ms. Mariela Flood
Unity Customs Brokers, Inc.
11222 South La Cienega Boulevard, Suite 310
Inglewood, CA 90304
RE: The tariff classification of fruit powders from Chile
Dear Ms. Flood:
In your letter dated September 28, 2012, on behalf of Pata Foods, Patagonia, Chile, you requested a tariff classification ruling.
Two samples, accompanied your letter, were examined and disposed of. Ingredient breakdowns and product specification sheets for two products were provided via an email transmission dated October 16, 2012. Amara brand “100% Organic Dried Baby Food - Banana” is a cream-colored, freeze dried powder, said to be produced from 100 percent frozen banana slices without any additives, packed in a sealed pouch weighing 0.36 ounces (10 grams), net weight. Amara brand “100% Organic Dried Baby Food - Apple - Maqui Berry” is a brown-colored, freeze dried powder, said to be composed of 90 percent apple powder and 10 percent Maqui berry powder without any additives, packed in a sealed pouch holding 0.54 ounces (15 grams), net weight.
The applicable subheading for the banana powder will be 1106.30.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for flour, meal and powder … of the products of chapter 8… banana and plantain. The rate of duty will be 2.8 percent ad valorem.
The applicable subheading for the apple - Maqui berry powder will be 1106.30.4000, HTSUS, which provides for flour, meal and powder … of the products of chapter 8… other. The rate of duty will be 9.6 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/.
Your inquiry does not provide enough information for us to give a classification ruling on the Super Fruit Cereal and the Mom's Pea Soup. Your request for a classification ruling should include the additional information indicated below:
An ingredient breakdown, by weight (in percentage format), for both products.
A detailed description of manufacturing processing for both products.
Are the oatmeal ingredient and the quinoa ingredient in the respective products roasted, pre-cooked or otherwise prepared? Please explain.
Provided a sample for each product.
When these samples and information are available, you may wish to consider resubmission of your request for these two products.
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 Bruce N. Hadley, Jr. at (646) 733-3029.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division