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N319580 N3 Ruling Active

The tariff classification of an elderberry powder with anthrocyanins from Finland

Issued October 8, 2021 by U.S. Customs and Border Protection.

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N3 N319580 (October 8, 2021)

Tariff classification

HTS codes: 3824.99.9297

Headings: 3824

Product description

The item in question is an elderberry powder known as Feno-Sambucus 14. Feno-Sambucus 14 is manufactured in Finland by a company named Eevia Health Oy. Feno-Sambucus 14 contains levels of anthrocyanins that far exceed what is naturally found in elderberries. It is planned that after importation, Feno-Sambucus 14 will be used in the manufacture of dietary supplements. In order to produce Feno-Sambucus 14, Eevia Health Oy sources elderberries harvested from farms or forests from various countries in Europe. Once in Finland, the elderberries go through a series of steps involving thawing, crushing, extraction, filtration, separation via adsorption chromatography, vacuum evaporation to recover the ethanol process solvent, spray drying and the addition of the excipient maltodextrin, mixing with other elderberry extracts, homongeization, and finally packaging.

CBP rationale

The applicable subheading for the Feno-Sambucus 14 will be 3824.99.9297, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other: Other: Other: Other: Other: Other: Other.

Full text

N319580 October 8, 2021 CLA-2-38:OT:RR:NC:N3:139 CATEGORY: Classification TARIFF NO.: 3824.99.9297 Natalie Gordon Barrington Chemical Corporation 500 Mamaroneck Avenue Harrison, NY 10528 RE: The tariff classification of an elderberry powder with anthrocyanins from Finland Dear Ms. Gordon: In your letter dated May 20, 2021, you requested a tariff classification ruling. The item in question is an elderberry powder known as Feno-Sambucus 14. Feno-Sambucus 14 is manufactured in Finland by a company named Eevia Health Oy. Feno-Sambucus 14 contains levels of anthrocyanins that far exceed what is naturally found in elderberries. It is planned that after importation, Feno-Sambucus 14 will be used in the manufacture of dietary supplements. In order to produce Feno-Sambucus 14, Eevia Health Oy sources elderberries harvested from farms or forests from various countries in Europe. Once in Finland, the elderberries go through a series of steps involving thawing, crushing, extraction, filtration, separation via adsorption chromatography, vacuum evaporation to recover the ethanol process solvent, spray drying and the addition of the excipient maltodextrin, mixing with other elderberry extracts, homongeization, and finally packaging. The applicable subheading for the Feno-Sambucus 14 will be 3824.99.9297, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other: Other: Other: Other: Other: Other: Other. The rate of duty will be 5 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 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 John Bobel at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division

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