CLA-2-19:OT:RR:NC:N2:232
Jacqueline Simpson
JAV International Incorporated
500 Ocean Avenue
East Rockaway, NY 11518
RE: The tariff classification of Pollen Muesli from Greece
Dear Mrs. Simpson:
In your letter dated December 7, 2017, on behalf of your client, OLEA Estates LLC, you requested a tariff classification ruling.
Samples, product specifications and ingredients breakdown for three products were submitted with your letter. The three products are all Muesli made from unroasted flakes or from mixtures of unroasted ingredients with no sugar added. The first product is identified as “Pollen Muesli with Cocoa & Maca”. It is intended for men’s nutrition and contains 60 percent oat flakes, 8.2 percent dried bananas, 7 percent linseed, 6 percent Corinthian raisins, 4 percent dried goji berry, 4 percent triticum dicoccum flakes, 3.3 percent sunflower seeds, 3 percent almonds, 3 percent bee pollen, 1 percent sesame and less than 1 percent cacao bean, maca and ginger. The second product is identified as “Pollen Muesli with Raisins & Strawberries”. It is intended for women’s nutrition and contains 60 percent oat flakes, 14.4 percent Corinthian raisins, 6.5 percent linseed, 4 percent almonds, 4 percent triticum dicoccum flakes, 3 percent bee pollen, 3 percent dried strawberries, 3 percent sunflower seeds, 1 percent sesame and chai and less than 1 percent Ceylon cinnamon and dried urtica. The third product is identified as “Pollen Muesli with Greek Superfood”. It is intended for family nutrition and contains 60 percent oat flakes, 11.7 percent Corinthian raisins, 10 percent sunflower seeds, 9 percent dried houndberries, 3 percent bee pollen, 3 percent triticum dicoccum flakes, 2.8 percent sesame and less than 1 percent hippophae (seaberries), dictamus, spirulina, Chios mastic and Greek saffron. All of the items are packaged in sealed metalized paper packs containing 40 grams, net weight.
The applicable subheading for the “Pollen Muesli with Cocoa & Maca”, “Pollen Muesli with Raisins & Strawberries” and “Pollen Muesli with Greek Superfood” will be 1904.20.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example, cornflakes); cereals (other than corn (maize)) in grain form or in the form of flakes or other worked grains (except flour, groats and meal), pre-cooked or otherwise prepared, not elsewhere specified or included: Prepared foods obtained from unroasted cereal flakes or from mixtures of unroasted cereal flakes and roasted cereal flakes or swelled cereals: Other. The general rate of duty will be 14.9 percent ad valorem.
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 https://hts.usitc.gov/current.
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