CLA-2-13:OT:RR:NC:N5:231
Myron Barlow
Barlow and Company, LLC
5335 Wisconsin Avenue, N.W.
Suite No. 440 Washington, DC 20015
RE: The tariff classification of Grapeseed Extract and Pine Bark Extract from France
Dear Mr. Barlow:
In your letter dated March 7, 2024, you requested a tariff classification ruling on behalf of your client, i.BioCeuticals, Inc. (Orleans, MA).
The subject merchandise is Premium Grape OPC, BIOMBALANCE and Masquelier's French Pine Bark
Complex. The first two merchandise are extracts derived from the common grape vine (Vitis vinifera), while the latter is an extract derived from maritime pine (Pinus Pinaster). You state that these materials are imported for use as ingredients in the manufacture of finished products such as consumable health gummies, tablets, and capsules. Furthermore, you state that the solvent-obtained extracts have not been advanced by chromatographic purification or reverse osmosis or any other additional purification methods.
The applicable subheading for the above-described merchandise 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 at https://hts.usitc.gov/.
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 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).
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 Ekeng Manczuk at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division