The tariff classification of vegetarian food products from Italy

Product description

A flow chart, ingredients breakdowns, product data sheets, samples, and product labels for the U.S. market were forwarded with your letter. The samples were examined and disposed of. CreamyRisella, MozzaRisella, and SmokeyRisella are advertised as a vegetarian specialty, an alternative to fresh cheese, imported in refrigerated condition. They are cylindrical-shaped, off-white or light yellow colored products measuring 4 inches to 4-1/2 inches in length, 1-1/2 inches in diameter, wrapped in plastic film with a clip tied on both ends in sealed cardboard boxes holding 200 grams (7.05 oz.) or 500 grams (17.6 oz.). MozzaRisella and SmokeyRisella have a soft cheese like consistency. CreamyRisella has a spreadable consistency. All are composed of approximately 46-48 percent Biosurice (water, 21 percent germinated brown rice, salt, and apple vinegar), 25-35 percent water, 10-20 percent coconut oil, 1-5 percent agar-agar, 1-5 percent faramix (arabic gum, xanthan gum and carob flour), and less than 3 percent lemon juice. In addition to these ingredients, depending on variety, the products may also contain trace amounts of sunflower oil infused with oregano, natural flavoring, turmeric, rice syrup, and arabic gum. The Biosurice ingredient is said to be a beverage made of germinated brown rice. All other ingredients are added to the Biosurice and then undergo heat treatment, filtration, packaging, and cooling.

CBP rationale

200 grams (7.05 oz.) or 500 grams (17.6 oz.). MozzaRisella and SmokeyRisella have a soft cheese like consistency. CreamyRisella has a spreadable consistency. All are composed of approximately 46-48 percent Biosurice (water, 21 percent germinated brown rice, salt, and apple vinegar), 25-35 percent water, 10-20 percent coconut oil, 1-5 percent agar-agar, 1-5 percent faramix (arabic gum, xanthan gum and carob flour), and less than 3 percent lemon juice. In addition to these ingredients, depending on variety, the products may also contain trace amounts of sunflower oil infused with oregano, natural flavoring, turmeric, rice syrup, and arabic gum. The Biosurice ingredient is said to be a beverage made of germinated brown rice. All other ingredients are added to the Biosurice and then undergo heat treatment, filtration, packaging, and cooling. The applicable subheading for the CreamyRisella, MozzaRisella, and SmokeyRisella 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 general 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.

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