The tariff classification of food products from Canada
Issued August 26, 2015 by U.S. Customs and Border Protection.
Tariff classification
HTS codes: 2106.90.9997
Headings: 2106
Product description
Product information datasheets, and product labels accompanied your letter. Additional information was provided in your April 28, 2015 and May 13, 2015 letters along with samples of each product that were sent to the CBP Lab for analysis. The samples were consumed in testing. Kefinutra Living Organic Oregano (KNORI), Kefinutra Living Organic Kombucha (KNTHN), Kefiviva Living Organic Lemongrass (KVCIT), Kefinutra Living Organic Turmeric (KNCUR), and Kefiviva Living Organic Kombucha (KVTHN) are said to be fermented botanical liquid extracts, namely fermented oregano extract, fermented black tea extract, fermented lemongrass extract, fermented turmeric extract, and fermented black tea extract, respectively. The products undergo aqueous extraction process and patented fermentation process, using a naturally occurring symbiosis of yeasts and bacteria. The finished products contain majority of water, 3.5 percent sugar, 1.2 to 1.5 percent acetic acid, 1 percent oregano extract, black tea extract, lemongrass extract, turmeric extract, and black tea extract respectively. The products, said to taste like apple cider vinegar, can be taken orally or used as an additive in food preparations or beverages. Laboratory analysis of the samples found the products contain 1.08 – 1.82 percent acetic acid.
CBP rationale
The applicable subheading for the five products will be 2106.90.9997, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or included .
Full text
N264681 August 26, 2015 CLA-2-21:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 2106.90.9997 Mr. Michael Dahm Cole International USA Inc. 2094 Grand Island Boulevard Grand Island, NY 14072 RE: The tariff classification of food products from Canada Dear Mr. Dahm: In your letter dated March 18, 2015 you requested a tariff classification ruling on behalf of Kefiplant, Canada. Product information datasheets, and product labels accompanied your letter. Additional information was provided in your April 28, 2015 and May 13, 2015 letters along with samples of each product that were sent to the CBP Lab for analysis. The samples were consumed in testing. Kefinutra Living Organic Oregano (KNORI), Kefinutra Living Organic Kombucha (KNTHN), Kefiviva Living Organic Lemongrass (KVCIT), Kefinutra Living Organic Turmeric (KNCUR), and Kefiviva Living Organic Kombucha (KVTHN) are said to be fermented botanical liquid extracts, namely fermented oregano extract, fermented black tea extract, fermented lemongrass extract, fermented turmeric extract, and fermented black tea extract, respectively. The products undergo aqueous extraction process and patented fermentation process, using a naturally occurring symbiosis of yeasts and bacteria. The finished products contain majority of water, 3.5 percent sugar, 1.2 to 1.5 percent acetic acid, 1 percent oregano extract, black tea extract, lemongrass extract, turmeric extract, and black tea extract respectively. The products, said to taste like apple cider vinegar, can be taken orally or used as an additive in food preparations or beverages. Laboratory analysis of the samples found the products contain 1.08 – 1.82 percent acetic acid. The applicable subheading for the five products will be 2106.90.9997, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or included . . . other . . . other . . . other . . . containing sugar derived from sugar cane and/or sugar beets. 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 [email protected]. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division
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