The tariff classification of red pepper paste strips from Spain

N322350 November 15, 2021 CLA-2-21:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 2106.90.9898 Mr. Michael Shoule JW Hampton Jr & Co Inc. 16115 Rockaway Blvd Jamaica, NY 11434 RE: The tariff classification of red pepper paste strips from Spain Dear Mr. Shoule: In your letter dated October 20, 2021, you requested a tariff classification ruling on behalf of your client, West Coast Products. An ingredients breakdown, detailed narrative description of the manufacturing process, a manufacturing flowchart, and pictures of the product were submitted with your letter. The red pepper paste strips are said to contain approximately 69.5 – 74.5 percent water, 16 - 18 percent red pepper concentrate - paprika, 4.5 - 5 percent sodium alginate, 3.5 - 4 percent guar gum, and 1.5 - 3.5 percent calcium chloride. The strips are intended to be used to stuff olives. The product is made by mixing the water, pepper and paprika into a homogenized blend which becomes a dough. The dough is transformed into a band by a lamination process in a rain system of calcium chloride solution. A bath in a second application of calcium chloride transforms the band into the final hardened laminated paste. Once the product is finally hardened, it is sent to a cutting machine, where the paste is cut into strips according to the customer’s specification. The red pepper paste strips will be imported in acidified brine in plastic drums, 220 L, net packed. The applicable subheading for the red pepper paste strips 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 Timothy Petrulonis at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division