The tariff classification of food ingredients from Poland and Germany

N171670 July 5, 2011 CLA-2-21:OT:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 2106.90.9400 Ms. Margaret Eckert Eurofoods Regulatory Advisors, LLC 42 Lehigh Lane Hicksville, NY 11801-3313 RE: The tariff classification of food ingredients from Poland and Germany Dear Ms. Eckert: In your letter dated June 20, 2011, on behalf of Zentis Food Solutions North America, LLC, Plymouth, IN, you requested a tariff classification ruling. Photographs, descriptive literature and ingredients breakdowns for five products were submitted with your letter. Orange Jelly Balls were described as spherical-shaped products with a soft jelly texture, used as an ingredient in the manufacture of fruit preparations. The stated ingredients are 70 percent water, 23 percent sucrose, 4 percent orange juice concentrate, 1.5 percent alginate, and less than one percent each of flavor, carboxymethyl cellulose, microcrystalline cellulose and beta carotene. The applicable subheading for the Orange Jelly Balls will be 2106.90.9400, HTSUS, which provides for food preparations not elsewhere specified or included… other…other…other…articles containing over 65 percent by dry weight of sugar described in additional U.S. note 2 to chapter 17…other. The rate of duty will be 28.8 cents per kilogram plus 8.5 percent ad valorem. In addition, products classified in subheading 2106.90.9400, HTSUS, will be subject to additional duties based on their value, as described in subheadings 9904.17.31 to 9904.17.38, HTSUS. 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/. Your inquiry does not provide enough information for us to give a classification ruling on Chocolate Chunks, Mango Cereals, Apple Cereals and Apple-White Grape Cereals. Your request for a classification ruling should include the following: Describe how the Chocolate Chunks will be packaged, when imported into the United States (i.e., type of container(s), material, net weight, etc.). Provide one sample each of Mango Cereals, Apple Cereals and Apple-White Grape Cereals. Provide the Brix values of grape juice concentrate and apple juice concentrate in the Apple-White Grape Cereals. When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you. 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 Stanley Hopard at (646) 733-3029. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division