The tariff classification of Prótos® from Switzerland

NY M85738 August 15, 2006 CLA-2-13:RR:NC:2:238 M85738 CATEGORY: Classification TARIFF NO.: 9813.00.30 Mr. Jon Springer Geolife LLC 517 Staudaher Street Bozeman, MT 59715 RE: The tariff classification of Prótos® from Switzerland Dear Mr. Springer: In your letter dated June 20, 2006, resubmitted on August 3, 2006, you requested a tariff classification ruling. The subject product, Prótos® (a sample of which was submitted with your request), is described by you as “an organic additive used during the process of wine-production, which can replace partially or completely the conventionally used (preservative) sulfites.” Pròtos® consists of three components, namely: Prótos® # 1 (added during the crushing of the grapes), Prótos® # 2 (added at the end of the malolactic fermentation phase), and Prótos® # 3 (added 5-7 days before bottling). All three components (i.e., Prótos® # 1, Prótos® # 2, and Prótos® # 3) are stated to be composed of “very small amounts” of two plant extracts, namely: wild acerola (a cherry-like fruit containing a high concentration of vitamin C) and “organic” Raphanus niger (commonly known as “black radish”), dissolved in water (99.5%). You indicate that the three components “have only minute variations among them.” Finally, you emphasize in your letter that you intend to import “a sufficient amount” of the subject product “solely for testing purposes and not for retail sales (sic).” The applicable heading for Prótos®, imported solely for testing purposes, will be 9813.00.30, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Articles intended solely for testing, experimental or review purposes, including specifications, photographs and similar articles for use in connection with experiments or for study.” The rate of duty will be “Free, under bond, as prescribed in U.S. note 1 to this subchapter” (i.e., subchapter XIII to chapter 98, HTSUS). This merchandise may be subject to the Federal Food, Drug, and Cosmetic Act and/or The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, or by visiting their website at www.fda.gov. 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 World Wide Web at http://www.usitc.gov/tata/hts/. 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 Harvey Kuperstein at 646-733-3033. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division