The tariff classification of dried grape skins and grape skin powder from Canada

N245032 August 27, 2013 CLA-2-12:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 1212.99.9200; 1901.90.9095 Ms. Alison Hopkins FedEx Trade Networks 7075 Ordan Dr. Mississauga, Ontario L5T 1K6 Canada RE: The tariff classification of dried grape skins and grape skin powder from Canada Dear Ms. Hopkins: In your letter dated August 8, 2013, on behalf of Southbrook Vineyards, Ontario, you requested a tariff classification ruling. You included literature, an explanation of the manufacturing process, product specification sheet, and a sample of the two products with your letter. The samples were examined and disposed of. The process begins with the pomace, grape skins with seeds inside, left over from fermented red wine making. The pomace is pressed to remove moisture and then dried at a low temperature. After drying most of the seeds are separated out, and the resultant skins are given a final screening to remove most of the fines (fine fragments). The coarse skins are packaged for sale as “Bioflavia Skins” used as an ingredient in various tea blends. The skins that are not used for tea and the fines separated from them are ground for powder as “Bioflavia S.O.” According to the product specification sheet, “Bioflavia S.O.” is a 100 mesh screen powder that has been milled from dried organic red grape skins. The powder is purple in color and has a smooth “powdery” texture and is free from any sediment. In your letter, you suggested the grape skin powder be classified under subheading 1106.30, Harmonized Tariff Schedule of the United States (HTSUS), which provides for powder of the products of chapter 8. Since the dried grape skins are not a product of chapter 8, subheading 1106.30, HTSUS, will not be applicable. The applicable subheading for the dried grape skins will be 1212.99.9200, HTSUS, which provides for fruit stones and kernels and other vegetable products . . . of a kind used primarily for human consumption, not elsewhere specified or included . . . other . . . other . . . other. The rate of duty will be Free. The applicable subheading for the grape skin powder will be 1901.90.9095, HTSUS, which provides for food preparations of flour, groats, meal starch or malt extract . . . not elsewhere specified or included . . . other . . . other . . . 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 Web site ww.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, Myles B. Harmon Acting Director National Commodity Specialist Division