CLA-2-21:OT:RR:NC:N2:228
Mr. Vincent Barone
Secure Customs Brokers
10 Fifth Street 4th floor
Valley Stream, NY 11581
RE: The tariff classification of a sugar and gelatin blend from Brazil
Dear Mr. Barone:
In your letter dated February 25, 2013, and an undated letter received by this office on June 28, 2013, you requested a tariff classification ruling on behalf of Expansion Trading Corporation, NY.
An ingredients breakdown and a sample accompanied your February letter. The sample was examined and disposed of. Additional information was provided in the undated letter. The product is a cream-colored granular mix, said to be composed of 95 percent sugar, and 5 percent gelatin, imported in 50-lb or 2000-lb bags. After importation, milk, starch and diary culture will be added to the blend to make yogurts; flavor, vitamin and pectin will be added to the blend to make gummies; and flavors, stabilizers, and sodium will be added to the blend to make beverages.
The applicable subheading for the sugar and gelatin will be 2106.90.9400, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or included…other…other…articles containing over 65 percent by dry weight of sugar described in additional U.S. note 2 to chapter 17… other. The rate of duty will be 28.8 cents per kilogram plus 8.5 percent ad valorem. In addition, products classified in subheading 2106.90.94, HTSUS, will be subject to additional duties based on their value, as described in subheadings 9904.17.31 to 9904.17.38, HTSUS
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/.
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