The tariff classification of a produce freshness retainer from Poland

N350625 July 17, 2025 CLA-2-38:OT:RR:NC:N3:139 CATEGORY: Classification TARIFF NO.: 3824.99.9397; 9903.01.32 Christine Humphrey C Humphrey & Associates PA 601 Brickell Key Drive, Suite 700 Miami, FL 33131 RE: The tariff classification of a produce freshness retainer from Poland Dear Ms. Humphrey: In your letter filed on behalf of your client, Fresh Inset S.A, dated June 25, 2025, you requested a tariff classification ruling. The subject product is called “Vidre+”, and you state that it is an “active packaging technology” that is used to inhibit ethylene in order to extend the shelf life of packaged cut produce. It consists of a mixture of several different chemicals that is applied to the outside surface of a food grade paper or polypropylene sticker. You state that the stickers would be placed on the inside lids of clamshell packaging or inside plastic bags. You propose a classification of subheading 3824.99 Harmonized Tariff Schedule of the United States (HTSUS) for this item. We concur. The applicable subheading for Vidre+ will be 3824.99.9397 HTSUS, which provides for Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other: Other: Other: Other: Other: Other. The general rate of duty will be 5 percent ad valorem. Effective April 5, 2025, Executive Orders implemented “Reciprocal Tariffs.” All imported merchandise must be reported with either the Chapter 99 provision under which the reciprocal tariff applies or one of the Chapter 99 provisions covering exceptions to the reciprocal tariffs. At this time products from all countries will be subject to an additional 10 percent ad valorem rate of duty. Your product falls within an excepted subheading. At the time of entry, you must report the Chapter 99 heading applicable to your product classification, i.e. 9903.01.32 or exclusion subheading, in addition to subheading 3824.99.9397, HTSUS, listed above. The tariffs and additional duties cited above are current as of this ruling’s issuance. 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 at https://hts.usitc.gov/. The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP. This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist John Bobel at john.bobel@cbp.dhs.gov. Sincerely, (for) James Forkan Acting Director National Commodity Specialist Division