CLA-2-10:OT:RR:NC:N2:228
Ms. Tina Fanfara
The J.M. Smucker Company / Enray, Inc.
Strawberry Lane
Orrville, OH 44667-0280
RE: The tariff classification of various foods from various countries
Dear Ms. Fanfara:
In your letter dated October 7, 2014 you requested a tariff classification ruling for Enray, Inc., a subsidiary of the J.M. Smucker Company.
Descriptions for four imported products were provided with your inquiry. They are organically grown, and will be imported in bulk. Quinoa seeds (chenopodium quinoa) from Bolivia where pre-cleaned, outer coatings removed, and dried, red rice (oryza sativa) from Thailand, green lentils (lens culinaris) from Canada, and mung beans (vigna radiata) from China, cleaned and dried will be imported to the company’s U.S. facility for further processing.
The applicable subheading for the quinoa seeds will be 1008.50.0000, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for buckwheat, millet and canary seeds; other cereals (including wild rice)…quinoa (chenopodium quinoa). The general rate of duty will be 1.1 percent ad valorem.
The applicable subheading for the red rice will be 1006.20.40, HTSUS, which provides for rice…husked (brown) rice…other. The statistical suffix depends on the grain length. The general rate of duty will be 2.1 cents per kilogram.
The applicable subheading for the green lentils, if fresh or chilled, will be 0708.90.1500, HTSUS, which provides for leguminous vegetables, shelled or unshelled, fresh or chilled…other leguminous vegetables…lentils. The general rate of duty will be 0.1 cents per kilogram.
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 ww.fda.gov/oc/bioterrorism/bioact.html.
Your inquiry does not provide enough information for us to give a classification ruling on the mung beans. Your request for a classification ruling should include the following information:
Describe the general physical characteristics of the merchandise which makes it a product for human consumption only, and unsuitable for sowing;
Present evidence which shows the channels of trade, environments of sale in which the merchandise differs from that of seeds of a kind used for sowing, such as packaging, shipping, handling, advertising, and marketing, etc.;
The usage of the merchandise;
The expectation of the ultimate purchasers;
The economic practicality of so using the import;
The recognition in the trade of this use;
Seeds of a kind used for sowing must comply with the requirements of the Federal Seed Act set forth in U.S. Department of Agriculture Regulations Part 361 (7 C.F.R. 361). Provide evidence that this product is not shipped, packaged or labeled for inspection in accordance with that Act, but rather that it meets the requirements for food grade merchandise;
Seeds destined for sowing are typically produced in a way that ensures a certain race line with the required genetic code and may also be chemically treated to promote germination. Is such treatment given to the imported mung beans?
When this information is available, you may wish to consider resubmission of your request.
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 [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division