CBP Ruling N219927: The tariff classification of Bilberry Extract Powder 25% from China

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N2 N219927 (June 27, 2012)

Tariff classification

Headings: 1302

Product description

The subject product, Bilberry Extract Powder 25% is a fine, ground powder of the Bilberry fruit. This ruling is based in part on the additional information requested by this office on April 5, 2012 on ruling N211239. In the flow chart you submitted, it is indicated that the Bilberry fruits are extracted with ethanol, filtered, and undergo absorption by resin. The extract undergoes various processing to remove the ethanol, dry, grind, mix, and filter the product prior to packaging. The extract is standardized to a phenol and flavanoid content of 70% and 38%, respectively. According to your submission, various non-phenolic plant compounds will remain in the finished extract. You indicate that 30 percent of the finished extract consists of non-phenolic plant compounds which remain from the extracted fruit. The powdered extract will be use as a raw material in the production of dietary supplements.

CBP rationale

The applicable subheading for the Bilberry Extract Powder will be 1302.19.9140, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Vegetable saps and extracts: Other: Other: Other.

Full text

N219927 June 27, 2012 CLA-2-13:OT:RR:NC:N2:235 CATEGORY: Classification TARIFF NO.: 1302.19.9140 Mr. Dennis Awana Inter-Orient Services 1455 Monterey Pass Road Suite 205 Monterey Park, CA 91754 RE: The tariff classification of Bilberry Extract Powder 25% from China Dear Mr. Awana: In your letter dated May 23, 2012, you requested a tariff classification ruling. The subject product, Bilberry Extract Powder 25% is a fine, ground powder of the Bilberry fruit. This ruling is based in part on the additional information requested by this office on April 5, 2012 on ruling N211239. In the flow chart you submitted, it is indicated that the Bilberry fruits are extracted with ethanol, filtered, and undergo absorption by resin. The extract undergoes various processing to remove the ethanol, dry, grind, mix, and filter the product prior to packaging. The extract is standardized to a phenol and flavanoid content of 70% and 38%, respectively. According to your submission, various non-phenolic plant compounds will remain in the finished extract. You indicate that 30 percent of the finished extract consists of non-phenolic plant compounds which remain from the extracted fruit. The powdered extract will be use as a raw material in the production of dietary supplements. The applicable subheading for the Bilberry Extract Powder will be 1302.19.9140, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Vegetable saps and extracts: Other: Other: Other." The rate of duty 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 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 Paul Hodgkiss at (646) 733-3046. Sincerely, Thomas J. Russo Director National Commodity Specialist Division

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