The tariff classification of grain vegetable mixes from Austria

N221423 July 12, 2012 CLA-2-21:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 2106.90.9990; 2106.90.9998 Mr. Josef Bertagnoli CEO, Marap Nordbahnstrasse 36 Wien, Austria RE: The tariff classification of grain vegetable mixes from Austria Dear Mr. Bertagnoli: In your letter dated June 14, 2012 you requested a tariff classification ruling. You describe the three products as quinoa vegetable mix, buckwheat vegetable mix, and rice vegetable mix. The mixes are said to be certified organic, mixed and packed in Austria. Packaging size is 4 ounces. The blends each contain one raw, dried main ingredient either quinoa, buckwheat, or rice mixed with dried vegetables, herbs and spices. The mixes are not ready-to-eat, but need to be cooked in hot water. In your June 20, 2012 correspondence via eMail, you provided the following ingredients breakdown for each product. The quinoa vegetable mix consists of 70 percent quinoa, 11.5 percent yellow lentils, 3.4 percent dried onions, 3 percent dried zucchini, 2.5 percent dried carrots, 2.4 percent dried tomatoes, 2 percent dried vegetable broth, 1.7 percent dried pumpkin, 1.5 percent broccoli, and less than 1 percent each of dried leeks, dried parsley, and salt. The buckwheat vegetable mix consists of 78 percent buckwheat, 5 percent each of dried tomatoes, dried onions, and dried carrots, 2 percent dried zucchini, 1.8 percent dried vegetable broth, and less than 1 percent each of dried parsley, dried leeks, dried basil, and salt. The rice vegetable mix consists of 87 percent risotto rice, 3 percent each of dried onions, and dried porcini mushrooms, 2 percent dried zucchini, 1.9 percent dried carrots, 1.5 percent dried vegetable broth, and less that 1 percent each of dried parsley, dried leeks, and salt. The applicable subheading for the three grain vegetable mixes, when imported in airtight containers, 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. If the grain vegetable mixes are not imported in airtight containers, the applicable subheading will be 2106.90.9998, HTSUS, which provides for food preparations not elsewhere specified or included…other…other…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 the 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 website 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 Bruce N. Hadley, Jr. at (646) 733-3029. Sincerely, Thomas J. Russo Director National Commodity Specialist Division