The tariff classification of Bifidobacterium bifidum in bulk form, from Italy

N282384 February 2, 2017 CLA-2-38:OT:RR:NC:N2:238 CATEGORY: Classification TARIFF NO.: 3002.90.5150 Mr. Shaukat Khan Farrow Consulting 5397 Eglington Avenue West, Suite 220 Etobicoke, Ontario, M9C 5K6 Canada RE: The tariff classification of Bifidobacterium bifidum in bulk form, from Italy Dear Mr. Khan: In your letter dated October 20, 2016, on behalf of your client, Clerici-Sacco Group, you requested a tariff classification ruling. Your letter was received by this office on January 10, 2017. A sample was provided with your letter and will be retained for reference only. The subject product, Bifidobacterium bifidum consists of 50 percent lyophilized Bifidobacterium bifidum and 50 percent corn starch. In your correspondence with us, you indicated that the corn starch functions as a diluent and carrier which helps to stabilize the bacteria (Bifidobacterium bifidum). The Bifidobacterium bifidum and corn starch will be imported in bulk powder form packed in 5kg bags. You also state that it will be used as a raw material for furthering manufacturing into a dietary supplement. The applicable subheading for the Bifidobacterium bifidum imported in bulk form will be 3002.90.5150, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Human blood; animal blood prepared for therapeutic, prophylactic or diagnostic uses; antisera, other blood fractions and immunological products, whether or not modified or obtained by means of biotechnological processes; vaccines, toxins, cultures of micro-organisms (excluding yeasts) and similar products.” 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 https://hts.usitc.gov/current. This merchandise may be subject to the Federal Food, Drug, and Cosmetic Act and/or The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, or by visiting their website at www.fda.gov. 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 Judy Lee at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division