The tariff classification of Nutrition Bars from Canada

NY J89161 October 9, 2003 CLA-2-17:RR:NC:SP:232 J89161 CATEGORY: Classification TARIFF NO.: 1704.90.3520; 1704.90.3550 Mr. Rodney Ralston UPS Supply Chain Solutions One Trans-Border Drive Champlain, NY 12919 RE: The tariff classification of Nutrition Bars from Canada Dear Mr. Ralston: In your letter dated September 16, 2003, on behalf of Bioetek, Inc. of Quebec, Canada, you requested a tariff classification ruling. You submitted descriptive literature and product samples with your request. The subject merchandise is three types of “equibar” brand nutrition bars. These are rectangular products, approximately 3 ¾ inches long, 1 1/8 inch wide and 5/8 inch thick, packaged for retail sale in heat-sealed plastic film wrappers. The first product is the almond & carob bar weighing 40 grams, net. This is said to contain crushed almonds, brown rice syrup, hemp seeds, carob powder, and red elm. The second item is the peanut butter & carob bar, weighing 30 grams, net. It is stated to consist of brown rice syrup, peanut butter, rice puffs, hemp seeds, carob powder, and red elm. The last product is the almond bar, weighing 40 grams, net. This is described as containing crushed almonds, brown rice syrup, hemp seeds, and red elm. The applicable subheading for the peanut butter & carob bars will be 1704.90.3520, Harmonized Tariff Schedule of the United States, Annotated, (HTSUSA), which provides for Sugar confectionery (including white chocolate), not containing cocoa: Other: Confections or sweetmeats ready for consumption: Other: Other…Put up for retail sale: Containing peanuts, peanut butter or peanut paste. The general rate of duty will be 5.6 percent ad valorem. The applicable subheading for the almond & carob bars and the almond bars will be 1704.90.3550, Harmonized Tariff Schedule of the United States, Annotated, (HTSUSA), which provides for Sugar confectionery (including white chocolate), not containing cocoa: Other: Confections or sweetmeats ready for consumption: Other: Other…Put up for retail sale: Other. The general rate of duty will be 5.6 percent ad valorem. The Food and Drug Administration may impose additional requirements on these products. You may contact the FDA at: Food and Drug Administration Division of Import Operations and Policy 5600 Fishers Lane Rockville, Maryland 20857 Telephone: (301) 443-6553 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 John Maria at (646) 733-3031. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division