The tariff classification of a psyllium powder and sugar blend from Singapore

N280014 December 27, 2016 CLA-2-21:OT:RR:NC:N4:228 CATEGORY: Classification TARIFF NO.: 2106.90.9500; 2106.90.9700 Mr. Daniel Gluck Simon Gluck & Kane LLP 535 Fifth Avenue, 4th Floor New York, NY 10017 RE: The tariff classification of a psyllium powder and sugar blend from Singapore Dear Mr. Gluck: In your letter dated September 7, 2016, you requested a tariff classification ruling on behalf of Royal Ingredients, LLC, NJ. An ingredients list, a detailed description of the manufacturing process, a manufacturing flow chart, and a sample of the product accompanied your letter. The sample was examined and discarded. The psyllium powder and sugar blend is said to be composed of 37 percent psyllium powder, and 63 percent cane sugar. The product is said to be imported in bulk, in 1 metric ton super sacks, for sale to manufacturers in the United States who most likely will add coloring and flavoring, and package it for retail sale as an anti-cholesterol fiber preparation. In your letter, you suggested the product may fall in subheading 3003.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for medicaments . . . consisting of two or more constituents which have been mixed together for therapeutic or prophylactic use, not put up in measured doses or in forms or packings for retail sale . . . other. In the alternative, you suggested the product may fall in subheading 1901.90.9095, HTSUS, which provides for food preparations of flour, groats, meal, starch or malt extract not containing cocoa . . . not elsewhere specified or included . . . other . . . other . . . other. Based on the product’s ingredients, it will be classified elsewhere. The applicable subheading for the psyllium powder and sugar blend, if imported in quantities that fall within the limits described in additional U.S. note 8 to chapter 17, will be 2106.90.9500, HTSUS, which provides for food preparations not elsewhere specified or included … other … other … articles containing over 10 percent by dry weight of sugar described in additional U.S. note 3 to chapter 17… described in additional U.S. note 8 to chapter 17 and entered pursuant to its provisions. The rate of duty will be 10 percent ad valorem. If the quantitative limits of additional U.S. note 8 to chapter 17 have been reached, the product will be classified in subheading 2106.90.9700, HTSUS, and dutiable at the rate of 28.8 cents per kilogram plus 8.5 percent ad valorem. In addition, products classified in subheading 2106.90.9700, HTSUS, will be subject to additional duties based on their value, as described in subheadings 9904.17.49 to 9904.17.56, 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 the World Wide Web at https://hts.usitc.gov/current. 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 Bruce N. Hadley Jr. at bruce.hadleyjr@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division