CLA-2-20:OT:RR:NC:N5: 228
Macrina Garza
HEB LP
646 S Flores St. San Antonio, TX 78204
RE: The tariff classification of organic baby foods from Chile
Dear Ms. Garza:
In your letter dated June 27, 2024, you requested a tariff classification ruling.
An ingredients breakdown, a description of the manufacturing process, a manufacturing flowchart, and pictures of the products accompanied your inquiry.
The subject merchandise is described as four varieties of organic baby foods. Specifically, the four varieties Fruity U Banana Blue Oat, Fruity U Apple Banana Berries, Fruity U Apple Cherry, and Fruity U Pear Sweet Potato & Carrot consist of a mix of fruit purees, or in the case of the last variety, a mix of fruit purees, vegetables and tubers, that are blended to a uniform texture so as not to require any chewing. The products are packaged in 3.5-ounce (99-gram) resealable food pouches and are labeled as baby foods suitable for ages 6 months and older. According to the information provided, the ingredient breakdown of each of the four varieties is as follows.
Fruity U Banana Blue Oat is said to contain organic banana puree, organic blueberry puree, water, organic oatmeal, and organic lemon juice concentrate. It contains a brix between 18 and 24. Fruity U Apple Banana Berries is said to contain organic apple puree, organic banana puree, organic strawberry puree, organic blueberry puree, organic raspberry puree, organic blackberry puree, and organic lemon juice concentrate. It contains a brix between 14 and 20. Fruity U Apple Cherry is said to contain organic apple puree, organic cherry puree, organic apple juice concentrate and organic lemon juice concentrate. It contains a brix between 12 and 18. Fruity U Pear Sweet Potato & Carrot is said to contain organic pear puree, organic sweet potato puree, organic carrot puree, and organic lemon juice concentrate.
The applicable subheading for the Fruity U Banana Blue Oat, Fruity U Apple Banana Berries, and Fruity U Apple Cherry when imported in airtight containers will be 2008.97.1040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for fruit otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included other, including mixtures mixtures in airtight containers and not containing apricots, citrus fruits, peaches or pears other. The general rate of duty will be 5.6 percent ad valorem. If the containers are not airtight, the applicable subheading will be 2008.97.9094 HTSUS, which provides for fruit otherwise prepared or preserved other, including mixtures mixtures other other other. The general rate of duty will be 14.9 percent ad valorem.
The applicable subheading for the product, Fruity U Pear Sweet Potato & Carrot, will be 2104.20.1000, 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 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 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