CLA-2-09:OT:RR:NC:N2:232

Spencer Turer
Coffee Enterprises
110 Riggs Road, Suite B
Hinesburg, VT 05461

RE: The tariff classification of coffee from Italy.

Dear Mr. Turer:

In your letter dated September 19, 2019, on behalf of your client Feel Good Coffee LLC, you requested a tariff classification ruling on coffee.

The subject merchandise consists of four types of coffee: Roasted coffee certified organic, Roasted coffee, Roasted coffee decaffeinated certified organic and Roasted decaffeinated coffee. The coffee will be imported in single-cup pods weighing between 8-16 grams net weight each unit. The single-serve capsules are for use in singe-cup Keurig-type and Nespresso-type coffee brewing machines.

The applicable subheading for the Roasted coffee certified organic will be 0901.21.0035, 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, roasted: Not decaffeinated: In retail containers weighing 2 kg or less: Certified Organic. The general rate of duty will be Free.

The applicable subheading for the Roasted coffee will be 0901.21.0045, 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, roasted: Not decaffeinated: In retail containers weighing 2 kg or less: Other. The rate of duty will be Free.

The applicable subheading for the Roasted coffee decaffeinated certified organic will be 0901.22.0035, 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: Decaffeinated: In retail containers weighing 2 kg or less: Certified Organic. The general rate of duty will be Free.

The applicable subheading for the Roasted decaffeinated coffee will be 0901.22.0045, 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: Decaffeinated: In retail containers weighing 2 kg or less: Other. The general rate of duty will be Free.

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 [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division