The tariff classification of grain free cereals from New Zealand

N310396 April 1, 2020 CLA-2-20:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 2008.19.8500 Ms. Paula Jones Food View USA, Inc. 2617 Bissonnet Street, Suite 206 Houston, TX 77005 RE: The tariff classification of grain free cereals from New Zealand Dear Ms. Jones: In your letter dated February 11, 2020, you requested a tariff classification ruling. Samples, ingredients breakdowns, manufacturing flowcharts, and narrative descriptions of the manufacturing processes were provided with your inquiry. The Peanut Butter, Cacao, and Raspberry Grain Free Product is said to contain 38 percent sun flower seeds, 14 percent peanut splits, 11 percent coconut chips, 9 percent orange juice, 9 percent pumpkin seeds, 5 percent crunchy peanut butter, 4 percent coconut sugar, 3 percent cranberries apple juice infused, 2 percent chia, 2 percent cacao, 2 percent banana flour, 2 percent raspberries FD whole, and trace amounts of peanut butter flavor and salt. The product is imported in re-closable bags, 350 grams, net packed. The Spiced Pumpkin and Maple Grain Free Product is said to contain approximately 42 percent almonds, 30 percent sunflower seeds, 10 percent cooked pumpkin, 4 percent date syrup, 4 percent water, 3 percent chia, 3 percent pumpkin seeds, 2 percent maple, and trace amounts of cinnamon, ginger, nutmeg, banana flour, macadamias, and pecans. The product is imported in re-closable bags, 350 grams, net packed. The applicable subheading for the Peanut Butter, Cacao, and Raspberry Grain Free Product and the Spiced Pumpkin and Maple Grain Free Product will be 2008.19.8500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included . . . nuts, peanuts (ground-nuts) and other seeds, whether or not mixed together . . . other, including mixtures . . . other, including mixtures . . . mixtures. The general rate of duty will be 22.4% 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