The tariff classification of encapsulated Algal Oil Powder from Australia or New Zealand

N293133 January 19, 2018 CLA-2-21:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 2106.90.9898 Mr. Conor Buckley Socius Ingredients LLC 1033 University Place, Suite 110 Evanston, Il 60201 RE: The tariff classification of encapsulated Algal Oil Powder from Australia or New Zealand Dear Mr. Buckley: In your letter dated January 2, 2018, you requested a tariff classification ruling. An ingredients list, manufacturing process flowchart, and sample accompanied your letter. The sample was examined and discarded. Driphorm® SCO DHA-S 50 is said to contain 48 percent algal oil, 15 percent sodium caseinate, 15 percent dried glucose syrup, 15 percent dextrose monohydrate, 5 percent sodium ascorbate and less than 1 percent mixed natural tocopherols. The mixture is encapsulated and spray dried. It is packed in 10 kg multi-wall paper/polymer sacks. Thirty-six 10 kg units will be packed in a cardboard pallet box. It will be used in the manufacture of infant formula, dietary supplements, and various food products. The applicable subheading for the encapsulated Algal Oil Powder mix will be 2106.90.9898, 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 https://hts.usitc.gov/current. 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 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 [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division