CLA-2-12:OT:RR:NC:N2:232
Mr. Renlin Pan
Beijing DHH (Shanghai) Law Firm
62/F, Shanghai Tower, No. 501 Yincheng Middle Road,
Pudong New Area, Shanghai,
China
RE: The tariff classification of Lithothamnium Products from Brazil
Dear Mr. Pan:
In your letter dated June 25, 2020, you requested a tariff classification on behalf of your client Shanghai Silin International Trade Co. Ltd. You submitted a manufacturing process flow chart, chemical composition breakdown, and pictorial representations of the products.
The subject merchandise is described as Lithothamnium, a genus of marine algae.
You state that the marine algae are collected from the ocean, air-dried, ground, crushed, filtered, weighted and packaged. There are four uses of Lithothamnium under 4 product lines: ALGEN® products are used as fertilizers. LITHONUTRI® products are used as animal feed. ALGEN® Acqua products are used as mineral fertilizer for water tanks which optimize the growth of plankton and shrimps. “Acqua Treatment” products are used for neutralization and remineralization of drinking water.
All finished products are composed of 100 percent Lithothamnium with a chemical composition of 34 percent Calcium, 3 percent Magnesium, and 63 percent other minerals and amino acids. It is said that no other materials or substances are added before its importation to the United States. Lithothamnium is a product of Brazil and is packaged and imported in polypropylene bags at a net weight of 25 kilograms.
The applicable subheading for Lithothamnium will be 1212.29.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Locust beans, seaweeds, and other algae, sugar beet and sugar cane, fresh, chilled, frozen or dried, whether or not ground; fruit stones and kernels and other vegetable products (including unroasted chicory roots of the variety Cichorium intybus sativum) of a kind used primarily for human consumption, not elsewhere specified or included: Seaweeds and other algae: Other. The 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 the 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 Frank Troise at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division