The tariff classification of snack products from China

N175922 August 2, 2011 CLA-2-17:OT:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 1704.90.3550; 2106.90.9998 Mr. Christopher Wilson Remarkable Foods Limited PO Box 54012 Auckland 2144 Auckland, 2144, New Zealand RE: The tariff classification of snack products from China Dear Mr. Wilson: In your letter dated July 10, 2011, you requested a tariff classification ruling. Ingredients breakdowns and samples accompanied your letter. The samples were examined and disposed of. “99% Fruit Strawberry,” “99% Fruit Mango” and “99% Fruit Grape” are semi-solid, dark-colored snack products, in the form of rods, approximately 4.5 inches in length, oval in cross section, 0.25 inches in diameter. Three rods are wrapped with plastic film, and sealed in a clear plastic wrapper. The ingredients common to all are approximately 61 percent concentrated apple juice, 26 percent apple pulp and less than one percent, each of pectin, vegetable oil and vitamin C. “99% Fruit Strawberry” also contains approximately 12 percent concentrated strawberry juice, and less than one percent, each, strawberry flavor and cochineal carmine. “99% Fruit Mango” contains approximately 12 percent concentrated strawberry juice, and less than one percent, each, mango flavor and b-carotene. “99% Fruit Grape” contains approximately 12 percent grape puree, and less than one percent, each, grape flavor and anthocyanin. “Fruit Vines – Raspberry Sour,” “Fruit Vines – Apple Orange Mango” and “Fruit Vines – Mixed Berry” are jelly-like, snack foods resembling vines, measuring about 23 inches long, packed in sealed clear plastic wrappers. “Fruit Vines – Raspberry Sour” is composed of approximately 64 percent concentrated apple juice, 15 percent glucose syrup, 14 percent sugar, 3 percent gelatine, 2 percent citric acid, 1 percent concentrated raspberry juice, and less than one percent, each of agar, vegetable oil, raspberry flavor, anthocyanin and cochineal carmine. “Fruit Vines – Apple Orange Mango” consists of approximately 63 percent concentrated apple juice, 20 percent glucose syrup, 11 percent sugar, 3 percent gelatine, 2 percent concentrated orange/mango juice, and less than one percent, each of citric acid, agar, vegetable oil, orange/mango/apple flavor, anthocyanin, cochineal carmine, b-carotene and sodium copper chlorophyllin. “Fruit Vines – Mixed Berry” contains approximately 61 percent concentrated apple juice, 20 percent glucose syrup, 11 percent sugar, 3 percent concentrated blueberry, strawberry and raspberry juice, 3 percent gelatine and less than one percent, each of citric acid, agar, vegetable oil, blueberry, strawberry and raspberry flavor, cochineal carmine, anthocyanin and caramel pigment. The applicable subheading for the “99% Fruit Strawberry,” “99% Fruit Mango” and “99% Fruit Grape” will be 2106.90.9998, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or included…other…other…other…other. The rate of duty will be 6.4 percent ad valorem. The applicable subheading for the “Fruit Vines – Raspberry Sour,” “Fruit Vines – Apple Orange Mango” and “Fruit Vines – Mixed Berry”, will be 1704.90.3550, HTSUS, which provides for sugar confectionery…not containing cocoa…other…confections or sweetmeats ready for consumption…other…other…put up for retail sale…other. The rate of duty will be 5.6 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 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. Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (CFR Part 134). The samples you submitted do not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry. 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