The tariff classification of Amaranth Grain Flour and Barley from India

N300585 October 1, 2018 CLA-2-11:OT:RR:NC:N2:231 CATEGORY: Classification TARIFF NO.: 1102.90.6000; 1104.29.1000 Mr. Amar Singh Seven Tech B-23 Sector - 2 Noida, 201301 India RE: The tariff classification of Amaranth Grain Flour and Barley from India Dear Mr. Singh: In your letter dated September 14, 2018 you requested a tariff classification ruling. The subject merchandise under review is the Mystical India brand of Amaranth Grain Flour and Barley. The first product Amaranth Grain Flour is a finely ground powder derived from amaranth grain. You have stated that the item is pure with no additives. It will be imported in a 1-pound (453g) retail pouch. Amaranth Grain Flour is used as a substitute for regular flour to make healthier versions of pancakes, cookies etc. The second product Barley, which is a grain, is described as pure with no additives and appears to be pearled. It will be imported in a 1-pound (453g) retail pouch. The barley is used to make porridge and other barley-based food preparations. The applicable subheading for the Amaranth Grain Flour will be 1102.90.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for cereal flours other than of wheat or meslin: Other: Other: Other. The rate of duty will be 9 percent, ad valorem. The applicable subheading for the Barley will be 1104.29.1000, HTSUS, which provides for Cereal grains otherwise worked (for example, hulled, rolled, flaked, pearled, sliced or kibbled), except rice of heading 1006: germ of cereals, whole, rolled, flaked or ground: Other worked grains (for example, hulled, pearled, sliced or kibbled): Of other cereals: Of barley. The rate of duty will be 1.2 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 https://hts.usitc.gov/current. Articles classifiable under subheading 1102.90.6000, HTSUS, which are products of India may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term “GSP”. In your letter, you request tariff classification for Garden Cress Seeds (Aliv Seeds), Carom Seeds and Triphala Powder. You did not provide sufficient information to allow this office to determine classification. If you decide to resubmit a ruling request for these products, please provide a sample of each item along with a detailed flow chart and/or narrative description of the manufacturing process. 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 Ekeng Manczuk at ekeng.b.manczuk@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division