CLA-2-12:OT:RR:NC:N2:228
Mr. Torey Arvik
Sonomaceuticals, LLC dba WholeVine Products
421 Aviation Boulevard
Santa Rosa, CA 95403
RE: The tariff classification of grape skin flour and grape seed flour
Dear Mr. Arvik:
In your letters dated May 5 and June 2, 2015, you requested a tariff classification.
WholeVine® Products Varietal Grape Skin Flour and Grape Seed Flour are said to be free flowing powders in brown, red-brown, purple, or rose-brown. They are made from dry grape skins and seeds of a single specified variety of grapes (Chardonnay, Sauvignon Blanc, White Riesling, Pinot Noir, Zinfandel, Merlot, Syrah, or Cabernet Sauvignon) respectively, milled into 180 micron (80 mesh) particle size powder. You state that the grape seed flour is partially defatted using a standard screw press with approximately half of the fats remaining. For marketing purposes, the Grape Skin Flour and Grape Seed Flour are also called Grape Skin Powder and Grape Seed Powder.
In your May 5 letter, you suggest the Grape Skin Flour and Grape Seed Flour should be classified in subheading 0806.20.1090, Harmonized Tariff Schedule of the United States (HTSUS), the provision for other dried raisins. It cannot apply to these products. They are flours of dry grape skins and dry seeds, which are provided for elsewhere.
The applicable subheading for the Grape Seed Flour or Powder will be 1208.90.0000, HTSUS, which provides for flours and meals of oil seeds … other.
The applicable subheading for the Grape Skin Flour or Powder will be 1901.90.9095, HTSUS, which provides for food preparations of flour ... not elsewhere specified or included ... other .... other ... other.
Your inquiry does not provide enough information for us to give a classification ruling on the grape seed flour or grape skin flour blended with other ingredients outside the United States when returned into the United States. Your request for a classification ruling should indicate complete ingredients breakdowns of the imported goods. 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