CLA-2-09:OT:RR:NC:N2:232
Daniel E. Lim
LA Coffee LLC
19882 Portal Plz
Cupertino, CA 95014
RE: The tariff classification of coffee from Indonesia
Dear Mr. Lim:
In your letter dated August 29, 2017, you requested a tariff classification ruling.
The merchandise in question is said to be whole Indonesian Arabica and Robusta coffee beans which have not been roasted or decaffeinated. Approximately 300 kilograms of coffee beans will be shipped in bulk to the United States in burlap sacks.
The applicable subheading for the Arabica coffee beans be 0901.11.0025, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Coffee, whether or not roasted or decaffeinated; coffee husks and skins; coffee substitutes containing coffee in any proportion: Coffee, not roasted: Not decaffeinated: Arabica: Other. The general rate of duty will be Free.
The applicable subheading for the Robusta coffee beans will be 0901.11.0055, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Coffee, whether or not roasted or decaffeinated; coffee husks and skins; coffee substitutes containing coffee in any proportion: Coffee, not roasted: Not decaffeinated: Other: Other. The general rate of duty will be Free.
In your letter you request the application of a trade program or agreement on your product. Articles classifiable under subheading 0901.11.0025 and 0901.11.0055, HTSUS, which are products of Indonesia, are currently not entitled to duty free treatment under any trade program or agreement.
Your inquiry also requests a ruling on the country of origin and marking requirements for coffee beans grown in Indonesia and imported into the United States. Marked samples were not submitted with your letter for review.
Section 134.1(b), CBP regulations, defines "country of origin": "Country of Origin" means the country of manufacture, production, or growth of any article of foreign origin entering the United States. Based on the information provided the country of origin for the Arabica and Robusta coffee beans is Indonesia.
The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. Part 134, Customs Regulations (19 CFR Part 134) implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304.
The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.
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 telephone number (301) 575-0156, or at the website 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 Frank Troise at frank.l.troise.cbp.dhs.gov.
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division