The tariff classification of infant formula from Canada

N102047 May 5, 2010 CLA-2-21:OT:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 2106.90.9990 Mr. Darrell Lasly PBM Nutritionals , LLC P.O. Box 2109 Georgia, VT 05468-2109 RE: The tariff classification of infant formula from Canada Dear Mr. Lasly: In your letters dated February 22, 2010 and April 16, 2010 you requested a tariff classification ruling. Technical information, an ingredients breakdown, and an image of a product label were submitted with your April letter. Additional information and an updated ingredients breakdown were submitted via email on April 22, 2010. The product is a ready-to-feed, shelf-stable infant formula, for children up to 12 months of age, in bottles containing 8 fluid ounces, six bottles in a shrink-wrapped cardboard tray. The formula is composed of approximately 85 percent water, 6 percent lactose, 3 percent fat blend, 2 percent nonfat dried milk, one percent whey protein concentrate, and less than one percent, each, vitamin premix, nutrient premix, nucleotide premix, ascorbic acid, potassium bicarbonate, potassium hydroxide, ferrous sulfate, and carrageenan. The applicable subheading for this product will be 2106.90.9990, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or included…other…other…other…canned. The rate of duty will be 6.4 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 World Wide Web at http://www.usitc.gov/tata/hts/. 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 product may be subject to other restrictions or requirements of the Food and Drug Administration. It is suggested you contact that agency directly for further information. Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (CFR Part 134). The image of the product label you submitted does not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry. 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 Stanley Hopard at (646) 733-3029. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division