The tariff classification of an Organic Smoothie Blend from Chile

N315797 December 8, 2020 CLA-2-08:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 0811.90.8095 Ms. Mari Chiriff Camerican International 45 Eisenhower Drive Paramus, NJ 07652 RE: The tariff classification of an Organic Smoothie Blend from Chile Dear Ms. Chiriff: In your letter dated November 9, 2020, you requested a tariff classification ruling. Ingredients breakdowns, manufacturing flowcharts, and a picture of the product packaging accompanied your inquiry. “IQF Organic Smoothie Blend” is a mixture of individual quick frozen (IQF) organic blueberries, IQF organic sliced strawberries, IQF organic crumbled raspberries, IQF organic chopped spinach, IQF organic chopped kale, and IQF organic sliced banana. The product will be imported frozen, packaged for retail sale in 6 individual 8 oz. bags. Directions on the label instruct the consumer to combine the contents of the bag with 1 cup of water, juice, or milk, blend on high until the desired texture is achieved, and consume. The applicable subheading for the “IQF Organic Smoothie Blend” will be 0811.90.8095 Harmonized Tariff Schedule of the United States (HTSUS), which provides for fruit and nuts, uncooked or cooked by steaming or boiling in water, frozen, whether or not containing added sugar or other sweetening matter . . . other . . . other . . . other. The general duty rate will be 14.5 percent ad valorem. General Note 26, HTSUS, sets forth the requirements for preferential tariff treatment pursuant to the United States-Chile Free Trade Agreement (UCFTA). If your product is an originating good of Chile, as defined in General Note 26, HTSUS, and all other legal requirements are met, the duty rate will be free. 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 Timothy Petrulonis at timothy.petrulonis@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division