CLA-2-20:OT:RR:NC:N5:228
Yunming Gu
Wismettac Asian Foods Inc.
13409 Orden Dr Santa Fe Springs, CA 90670-6336
RE: The tariff classification of snack foods from Thailand
Dear Mr. Gu:
In your letter dated April 30, 2024, you requested a tariff classification ruling.
An ingredients breakdown, manufacturing flowchart and a picture of the products accompanied your inquiry.
The first product, item number 67004, is described as a hot mate assorted rice cracker that is said to be comprised of approximately 87 percent glutinous rice, 6 percent soy sauce, 2 percent wasabi green pea, 2 percent sugar, 1 percent water, and trace amounts of seaweed and other additives. The second product, item number 68295, is described as a wasabi flavored rice cracker wrapped in seaweed that is said to contain approximately 72 percent glutinous rice, 12 percent soy sauce, 8 percent seaweed, 5 percent wasabi seasoning, 3 percent sugar, and trace amounts of modified tapioca starch.
The products are said to be prepared by sorting glutinous rice by color, destoning, washing and soaking in water for approximately 22-24 hours. After that, they are drained, grinded, steamed, kneaded, chilled, cut and dried, subsequent to baking the rice and mixing with other ingredients. After drying, cooling and metal detection, the finished products are packaged for export to the U.S. in an ambient condition in 1-pound bags for sale in bulk to the food service industry.
The applicable subheading for the hot mate assorted rice cracker and the wasabi flavored rice cracker wrapped in seaweed will be 2008.99.9190, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other edible parts of plants, otherwise prepared or preserved...other...other. The general rate of duty will be 6 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/.
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.
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 Timothy Petrulonis at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division