The tariff classification of certain dried algae powder from Australia

N128055 October 22, 2010 CLA-2-12:OT:RR:NC:232 CATEGORY: Classification TARIFF NO.: 1212.20.0000 Mr. Donald S. Stein Greenberg Traurig, LLP 2101 L Street Suite 1000 Washington, D.C. 20037 RE: The tariff classification of certain dried algae powder from Australia Dear Mr. Stein: In your letter dated October 12, 2010 you requested a tariff classification ruling on behalf of your client, Aurora Algae. The subject merchandise is described as dried algae powder. According to descriptive literature provided with your request, the dried algae powder is prepared in the following manner. Algae cultures of Nannochloropsis sp., cultivated in Karratha, Western Australia are concentrated via centrifugation. The resulting paste is then dried at a temperature greater than 150 degrees Centigrade by passing through a milling flash dryer. After completing the drying process, the dried algae powder is packed in plastic totes, boxed and stored cold until it is ready to be loaded for transportation to the United States. Upon importation into the United States, the dried algae powder will be processed into omega-3 oils and protein biomass raw materials using a solvent based extraction procedure. These raw materials will be refined into omega-3 oils which are intended to be used as ingredients for dietary supplements and fortified food, or into protein biomass that can be used as feed ingredient for aquaculture. The applicable subheading for the dried algae powder will be 1212.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for seaweeds and other algae. The rate of duty will be free. 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 on World Wide Web at http://www.usitc.gov/tata/hts/. 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). 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 Frank Troise at (646) 733-3031. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division