The tariff classification of microwavable grain meals from France

N222835 July 17, 2012 CLA-2-19:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 1904.90.0140 Mr. Joe D’Angelo Aulcorp Food Marketers & Distributors, Inc. 668 Millway Ave. – Suite 11 Vaughan, Canada L4K3V2 RE: The tariff classification of microwavable grain meals from France Dear Mr. D’Angelo: In your letter dated June 22, 2012 you requested a tariff classification ruling. Ingredients lists, a production flowchart, and pictures of a Doypack pouch and microwave instructions for five products were submitted with your letter. The products are microwavable, pre-cooked cereal grain preparations in 250 gram Doypack pouches. The Quinoa microwavable pouch consists of 44 percent pre-cooked quinoa, water, olive oil and sea salt. The Bulgur Wheat consists of 41.5 percent pre-cooked bulgur wheat, water olive oil and sea salt. The Crushed 3 Grain Blend consists of 49 percent pre-cooked wheat, spelt and kamut, water, olive oil and sea salt. The 3 Grain Blend consists of 48 percent pre-cooked wheat, red rice and quinoa, water, olive oil and salt. The applicable subheading for the four products will be 1904.90.0140, Harmonized Tariff Schedule of the United States (HTSUS), which provides for cereals (other than corn (maize) in grain form or in the form of flakes or other worked grains (except flour, groats and meal), pre-cooked or otherwise prepared, not elsewhere specified or included…other…other. The rate of duty will be 14 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 the 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 the barley, soybeans & eggplant microwavable grain meal. Your request for a classification ruling should include a complete ingredient breakdown by weight, and sample. When this information is available, you may wish to consider resubmission of your request. In your letter, you also requested the eligibility of any trade programs or agreements. At this time, France is not engaged with the U.S. in any special trade programs, or free trade agreements. The four products will not be eligible for preferential duty treatment. 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 website 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 Bruce N. Hadley, Jr. at (646) 733-3029. Sincerely, Thomas J. Russo Director National Commodity Specialist Division