The tariff classification of gummy vitamins from China

N332442 May 23, 2023 CLA-2-21:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 2106.90.9500, 2106.90.9700 Zhenli Wang Sirio Nutrition Co., Ltd. 17758 Rowland StreetCity of Industry, CA 91748 RE: The tariff classification of gummy vitamins from China Dear Ms. Wang: In your letter dated April 24, 2023, you requested a tariff classification ruling. An ingredients breakdown, a detailed narrative description of the manufacturing process, a manufacturing flowchart and a picture of the product accompanied your letter.  The product, “Apple Cider Vinegar Gummy,” (product code #300008746) is a gummy supplement for human consumption that is said to contain glucose syrup, sucrose, organic apple cider vinegar liquid, Vitamin B12 (Cyanocobalamin), Bacillus coagulans, Vitamin B6 (pyridoxine hydrochloride), folic acid, green tea extract (Camellia sinensis, leaf), pomegranate powder (Punica granatum, fruit), papaya extract (Carica papaya, fruit), kiwi juice powder (Actinidia chinensis, fruit), black pepper extract (Piper nigrum, seed), pectin, citric acid, sodium citrate, natural flavouring (apple flavouring), glazing agent (carnauba wax and vegetable oil).  The gummy product will be imported in bulk containers. The applicable subheading for the “Apple Cider Vinegar Gummy,” when imported in non-retail containers, if imported in quantities that fall within the limits described in additional U.S. note 8 to chapter 17, will be 2106.90.9500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or included … other … other … articles containing over 10 percent by dry weight of sugar described in additional U.S. note 3 to chapter 17… described in additional U.S. note 8 to chapter 17 and entered pursuant to its provisions. The general rate of duty will be 10 percent ad valorem. If the quantitative limits of additional U.S. note 8 to chapter 17 have been reached, the products will be classified in subheading 2106.90.9700, HTSUS, and dutiable at the general rate of 28.8 cents per kilogram plus 8.5 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 at https://hts.usitc.gov/current 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