CLA-2-20:OT:RR:NC:N2:228
Javier Hernandez
Fruselva USA LLC
801 Brickell Ave, 8th floor Miami, FL 33131
RE: The tariff classification of organic plant-based baby foods from Chile
Dear Mr. Hernandez:
In your letter dated May 9, 2023, you requested a tariff classification ruling.
An ingredients breakdown, a narrative description of the manufacturing process, and pictures of the products accompanied your letter.
The subject merchandise consists of two varieties of organic baby foods. Specifically, the two varieties, “Organic Plant-Based Chickpea Stew with Chickpea Puree, Sweet Corn, and Sweet Potato Baby Food,” and “Organic Plant-Based Beefless Stew with Pea Protein Baby Food,” are described as having the appearance of a homogenous and fine grain puree with a consistency described as thick, creamy and uniform in texture. The baby foods are composed of a mix of vegetable purees, root and tuber purees, spices and flavorings, and are imported in ambient condition in packages weighing 3.2 ounces, net packed. The products are marketed towards infants through 12 months of age.
The first product, “Organic Plant-Based Chickpea Stew with Chickpea Puree, Sweet Corn, and Sweet Potato Baby Food” (product reference # RDES-150), is said to contain approximately 40 percent water, 37 percent organic chickpea puree, 11 percent organic corn IQF, 5 percent organic NOP/COR sweet potato HBF IQF (Sweet potato puree), 3 percent organic NOP/COR onion IQF - 10*10, 2 percent NOP/COR sunflower HBF oil, 2 percent organic BBF brown rice flour, and trace amounts of organic NOP spring onion powder, organic NOP dehydrated basil and organic NOP dehydrated parsley. The basil and parsley function as a seasoning.
The second product, “Organic Plant-Based Beefless Stew with Pea Protein Baby Food” (product reference # RDES-154), is said to contain approximately 37 percent water, 22 percent organic pumpkin puree, 16 percent organic tomato puree single (13 brx), 12 percent organic NOP/COR sweet potato HBF IQF, 5 percent organic NOP yellow carrot puree, 4 percent organic NOP textured pea protein, 2 percent NOP/COR onion IQF - 10*10, 2 percent organic rice flour, 1 percent organic NOP meat flavor, and trace amounts of NOP dehydrated parsley and NOP oregano powder. The meat flavor functions as flavoring and the parsley and oregano powder function as a seasoning.
The applicable subheading for the plant-based stews will be 2005.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen: Homogenized vegetables. The general rate of duty is 11.2% 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 Timothy Petrulonis at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division