CLA-2-13:OT:RR:NC:N2:231
Ms. Yvonne Tan
Inter-Orient Services
1455 Monterey Pass Road
Suite No. 205
Monterey Park, CA 91754
RE: The tariff classification of Bilberry Extract Powder from China
Dear Ms. Tan:
In your letter dated July 6, 2022, you requested a tariff classification ruling on behalf of Jinke Group USA Inc., DBA BGG North America Inc. (Irvine, CA).
The subject merchandise is Bilberry Extract Powder. According to the submitted documents, bilberry fruit will be crushed, subjected to an extraction process using ethanol, filtered, evaporated, sprayed dried and packed. Maltodextrin is added to the product to serve as an anti-caking agent. Bilberry Extract Powder, which will be shipped in 10-kilogram aluminum bags for sale to the U.S-based company Herbalife, will be used as an ingredient in dietary supplements, or in food and beverages.
The applicable subheading for the Bilberry Extract Powder will be 1302.19.4140, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: “Vegetable saps and extracts; pectic substances, pectinates and pectates; agar-agar and other mucilages and thickeners, whether or not modified, derived from vegetable products: other: ginseng; substances having anesthetic, prophylactic or therapeutic properties: Other: Other.” The rate of duty is one 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.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 1302.19.4140, HTSUS, unless specifically excluded, are subject to an additional 7.5 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15, in addition to subheading 1302.19.4140, HTSUS, listed above.
The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china respectively.
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 Ekeng Manczuk at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division