N331100 N3 Ruling Active

The tariff classification of an anti-sticking agent from Germany

Issued March 20, 2023 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 2106.90.9998

Headings: 2106

Product description

An ingredients breakdown and product specification sheet accompanied your inquiry. “Capol® 43-5608” is said to be an oil and wax dispersion composed of vegetable oil (sunflower origin) and beeswax, white (E901). It is said to be an odorless white to yellowish oily liquid, which functions as an anti-sticking agent for confectionary production, specifically gummies. The product will be packaged for sale to customers in 10 kilogram steel containers, net packed.

CBP rationale

The applicable subheading for “Capol® 43-5608” will be 2106.90.9998, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or included .

Full text

N331100 March 20, 2023 CLA-2-21:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 2106.90.9998 Lawrence Millington Freudenberg North America 47774 West Anchor Ct Plymouth, MI 48170 RE: The tariff classification of an anti-sticking agent from Germany    Dear Mr. Millington: In your letter dated February 21, 2023, you requested a tariff classification ruling on behalf of your client, Capol LLC, Deerfield, IL. An ingredients breakdown and product specification sheet accompanied your inquiry.  “Capol® 43-5608” is said to be an oil and wax dispersion composed of vegetable oil (sunflower origin) and beeswax, white (E901).  It is said to be an odorless white to yellowish oily liquid, which functions as an anti-sticking agent for confectionary production, specifically gummies.  The product will be packaged for sale to customers in 10 kilogram steel containers, net packed. The applicable subheading for “Capol® 43-5608” will be 2106.90.9998, 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 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 and Border Protection 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, please contact National Import Specialist Timothy Petrulonis at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division

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