CLA-2-12:OT:RR:E:NC:N2:235
Ms. Ricki Duran
American Lamprecht
700 Rockaway Turnpike
Room No. 303a
Lawrence, NY 11559
RE: The tariff classification of Kakadu Plum Powder and Sweet Chili Oil
Dear Ms. Duran:
In your letter dated November 28, 2012, on behalf of your client, Freedom Actives, you requested a tariff classification ruling.
The first subject product, Kakadu Plum Powder is produced by drying whole organic Kakadu plums. According to the material safety data sheet included with your ruling submission, the fruit is peeled, screened, pureed then dried, milled and packed using nitrogen.
The second subject product is Sweet Chili Oil. According to the material safety data sheet included with your ruling submission, it is stated that the product is a natural oil extracted from the seed of the fruit of the Capsicum Baccatum var. Juanita. You have indicated that “all products are unfinished products used in and for the manufacture of skin care, moisture care, perfume, lipstick, make up etc.”
The applicable subheading for the Kakadu Plum Powder will be 1211.90.9190, Harmonized Tariff Schedule of the United States, which provides plants and parts of plants (including seeds and fruits), of a kind used primarily in perfumery, in pharmacy or for insecticidal, fungicidal or similar purposes, fresh or dried, whether or not cut, crushed or powdered: Other: Other: Other: Other. The duty rate will be free.
The applicable subheading for the Sweet Chili Oil will be 1515.90.8090, HTSUS, Other fixed vegetable fats and oils (including jojoba oil) and their fractions, whether or not refined, but not chemically modified: Other: Other: Other: Other. The duty rate will be 3.2%.
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), or the Federal Food, Drug, and Cosmetic Act which are regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/ bioterrorism/bioact.html. Information for the Federal Food, Drug, and Cosmetic Act may be obtained by calling FDA at telephone number 301-443-1544.
In your letter, you made a request for classification for the products Wakame Powder, Wakame Extract and Bladder Wrack Extract. We need additional information in order to issue a ruling. Please provide the following information so we may assist you with your request:
A sample of each product in its condition as imported.
A breakdown of component materials by weight.
A detailed manufacturing flow chart showing all chemical and physical extraction steps performed in the production process for each item.
A complete list of all starting materials and any added ingredients
If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. If your request was submitted electronically and the information required does not involve sending a sample, you can re-submit your request and the additional information electronically.
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,
Thomas J. Russo
Director
National Commodity Specialist Division