CLA-2-21:OT:RR:NC:N2:228
Susanna Ulisse
PBC Nutritionals Inc.
3000 Boul. Rene-Levesque, Suite 330 Verdun H3E 1T9 Canada
RE: The tariff classification of organic baby foods from the Czech Republic
Dear Ms. Ulisse:
In your letter dated May 4, 2023, you requested a tariff classification ruling.
An ingredients breakdown and a description of the products accompanied your inquiry.
The subject merchandise is described as five varieties of organic baby foods. Specifically, the five varieties – “Organic Banana, Blueberry,” “Organic Apple, Strawberry,” “Organic Apple, Mango, Banana,” “Organic Banana puree,” and “Organic Apple Prune” – consist of a mix of fruit and/or vegetable purees that are blended to a uniform texture so as not to require any chewing. The products are packaged in 4 ounce net weight, glass jars, and are marketed as organic baby foods for infants between 4-6 months old or 6 months and older depending on the variety. According to the information provided, the ingredient breakdown of each of the five varieties is as follows.
Organic Banana, Blueberry is said to contain organic banana puree, organic blueberry puree, organic carrot puree, organic lemon juice concentrate, organic aronia juice concentrate and ascorbic acid. Organic Apple, Strawberry is said to contain organic apple puree, organic strawberry puree, organic carrot puree and ascorbic acid. Organic Apple, Mango, Banana is said to contain organic apple puree, organic mango puree, organic banana puree, water, organic rice flour, organic carrot puree, organic lemon juice concentrate and ascorbic acid. Organic Banana puree is said to contain organic banana puree, organic carrot puree, organic lemon juice concentrate and ascorbic acid. Organic Apple Prune is said to contain organic apple puree, organic prune puree, organic carrot puree and ascorbic acid.
Each product is said to be prepared by first mixing all raw materials according to the recipe, adding the dry ingredients (e. g. Vitamin C), checking the brix or dry solids, subsequent to the product being heated up, hot-filled into glass jars, sealed with a metal press-twist cap, pasteurized and cooled. These glass jars are then labelled and packaged for individual sale.
The applicable subheading for the products, “Organic Banana, Blueberry,” “Organic Apple, Strawberry,” “Organic Apple, Mango, Banana,” “Organic Banana puree,” and “Organic Apple Prune” will be 2104.20.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Homogenized composite food preparations: Put up for retail sale as food suitable for infants or for dietetic purposes. The general rate of duty will be 2.5 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 and Border Protection 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, please contact National Import Specialist Timothy Petrulonis at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division