CLA-2-32:OT:RR:NC:N3:136
Judith Haggin
TLR - Total Logistics Resources
PO Box 30419 Portland, OR 97294
RE: The tariff classification of Turmeric Extract Coloring Matter from Germany
Dear Ms. Haggin:
In your letter dated September 13, 2023, on behalf of your client, E & J Gallo Winery, you requested a tariff classification ruling on Turmeric Extract Coloring Matter.
The subject product is described as Turmeric (Curcumin) Extract in a liquid concentrate form. It is intended to be used as a color additive for the food industry (food coloring). You state that during the production process, pigments are extracted from harvested turmeric root to yield curcumin. Curcumin is bright yellow-orange in color and the principal curcuminoid of turmeric, a member of the ginger family. The curcumin then goes through filtering, pasteurization, and packaging for export to the United States.
The applicable subheading for the Turmeric Extract Coloring Matter will be 3203.00.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Coloring matter of vegetable or animal origin (including dyeing extracts but excluding animal black), whether or not chemically defined; preparations as specified in note 3 to this chapter based on coloring matter of vegetable or animal origin: Other. The general rate of duty will be 3.1%.
This merchandise may be 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.
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 at https://hts.usitc.gov/current.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
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 Nuccio Fera at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division