CLA-2-20:OT:RR:NC:N2:228
Ms. Lisa Waller
BDG International, Inc.
840 Tollgate Road
Elgin, IL 60123
RE: The tariff classification of dried berry products from Finland
Dear Ms. Waller:
In your letter dated November 3, 2017 you requested a tariff classification ruling on behalf of Chicago Import Company Inc., IL. The ruling was returned to you for additional information. On November 29, 2017, additional information was requested on the dried berry products. The information was received by this office on January 10, 2018.
Ingredients breakdowns, manufacturing flowcharts, and samples of the dried products accompanied your correspondence. The samples were examined and discarded.
Biokia dried bilberry is said to contain approximately 75 percent bilberry, 20 to 30 percent sugar, and trace amounts of sunflower oil. The frozen berries are infused with sugar by mixing the bilberry in a basin containing liquid sugar syrup and water for up to three days. The berries are rinsed with water, and sprayed with sunflower oil. Subsequently, the berries are dried at a maximum temperature of 45 degrees Celsius for about 24 hours. The product is sold in a case of 12 single pouches, weighing 1.7 ounces per pouch.
Biokia dried lingonberry is said to contain approximately 80 percent lingonberry, 20 to 30 percent sugar, and trace amounts of sunflower oil. The frozen berries are infused with sugar by mixing the lingonberry in a basin consisting of a liquid sugar syrup and water for up to three days. The berries are rinsed with water, and sprayed with sunflower oil. Subsequently, the berries are dried at a maximum temperature of 45 degrees Celsius for about 48 hours. The product is sold in a case of 12 single pouches, weighing 2.6 ounces per pouch.
In your letter, you suggested a tariff classification for the Biokia dried bilberry and dried lingonberry products, of subheading 0813.40.2060, Harmonized Tariff Schedule of the United States (HTSUS), the provision for fruit, dried, other than that of headings 0801 to 0806 . . . other fruit . . . berries . . . other . . . other. Based on the products’ ingredients and manufacturing, they will be classified elsewhere.
The applicable subheading for the Biokia dried bilberry and dried lingonberry products will be 2008.99.2140, HTSUS, which provides for fruit . . . otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included . . . other, including mixtures other than those of subheading 2008.19 . . . other . . . berries . . . other . . . other. The general rate of duty will be 4.5 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 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 [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division