CLA-2-20:OT:RR:NC:N2:228
Ms. Fay Cheng
JEC Customs House Brokerage
2001 Santa Anita Ave., Ste. 201
South El Monte, CA 91733
RE: The tariff classification of Seaweed Roll Snacks from Thailand
Dear Ms. Cheng:
In your letter dated August 26, 2020, you requested a tariff classification ruling, on behalf of Gemini Food Corporation, CA.
An ingredients breakdown, a narrative description of the manufacturing process and a photocopy of the packaging were provided with your inquiry.
The product, Tao Kae Noi Seaweed Roll Snacks, is grilled seaweed said to contain approximately 95 percent seaweed, 2 percent sugar, and trace amounts of spices (i.e., shiitake, cinnamon, clove, and pepper powder), hydrolized plant protein, soy sauce, flavor enhancer, and salt. The product will be packaged in retail boxes.
In your letter, you suggested that this product may be classified under subheading 1212.21.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for locust beans, seaweeds and other algae . . . fit for human consumption. Based upon the information submitted, the seaweed of heading 1212 is limited to seaweed prepared no further than drying or reduction in size. Cooking and grilling results in the product becoming a food preparation.
The applicable subheading for product will be 2008.99.9190, HTSUS, which provides for other other edible parts of plants, otherwise prepared or preserved . . . other . . . other. The general rate of duty will be 6 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