The tariff classification of a food preparation from China

N118456 August 12, 2010 CLA-2-21:OT:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 2106.90.9998 Ms. Sara Krutak Kingchem LLC 5 Pearl Ct., Allendale Park Allendale, NJ 07401 RE: The tariff classification of a food preparation from China Dear Ms. Krutak: In your letter dated August 6, 2010, you requested a tariff classification ruling. A product description, breakdown of ingredients, and sample were submitted with your letter. The sample was examined and disposed of. Beta Carotene Beadlet 20% TAB-S is a reddish-brown powder said to be composed of 56 percent modified food starch, 21 percent corn starch, 20 percent beta carotene, and 3 percent DL-alpha-Tocopherol. The product will be used as an ingredient in a variety of human food applications and will be imported in aluminum bags weighing 5 kilograms. The applicable subheading for the Beta Carotene Beadlet 20% TAB-S will be 2106.90.9998, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or included…other…other…other. 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 telephone number (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 Stanley Hopard at (646) 733-3029. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division