The tariff classification of Energisam from Taiwan

N334322 August 17, 2023 CLA-2-19:OT:RR:NC:N5:231 CATEGORY: Classification TARIFF NO.: 1901.90.9195 David Mann HighLine Development #1 Lane 327 Changchun RoadTaipei 00104Taiwan RE:  The tariff classification of Energisam from Taiwan Dear Mr. Mann: In your letter dated July 30, 2023, you requested a tariff classification ruling. The subject merchandise is Energisam.  You state that the product is a food supplement composed of brown rice (19.6 percent), oat powder (19.6 percent), turmeric powder, taurine, ginseng extract powder and black pepper extract powder. The product, Energisam, will be sold in plastic bags with a net weight between 50-100 kilograms. The applicable subheading for the Energisam will be 1901.90.9195, HTSUS, which provides for: “Food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40 percent by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included: Other: Other: Other: Other.” The 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. The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP. 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 Ekeng Manczuk at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division