The tariff classification of Butterfly Pea Flower Extract from China

N335288 October 3, 2023 CLA-2-32:OT:RR:NC:N3:136 CATEGORY: Classification TARIFF NO.: 3203.00.8000; 9903.88.03 Judith Haggin TLR - Total Logistics Resources PO Box 30419Portland, OR 97294 RE:  The tariff classification of Butterfly Pea Flower Extract from China Dear Ms. Haggin: In your letter dated September 13, 2023, on behalf of your client, E & J Gallo Winery, you requested a tariff classification ruling on Butterfly Pea Flower Extract. The subject product is described as Butterfly Pea Flower Extract in a liquid concentrate form. It is intended to be used as a color additive for the food industry (food coloring). The Butterfly Pea Flower is a perennial herbaceous plant, with elliptic, obtuse leaves. It grows as a vine or creeper, and produces flowers that are a vivid deep blue, solitary, with light yellow markings. The flowers are harvested for use as a natural food coloring and fiber dye. You state that during the production process in China, the Butterfly Pea Flower goes through water extraction, filtration, concentration, pasteurization, and packaging for export to the United States. The applicable subheading for the Butterfly Pea Flower Extract will be 3203.00.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Coloring matter of vegetable or animal origin (including dyeing extracts but excluding animal black), whether or not chemically defined; preparations as specified in note 3 to this chapter based on coloring matter of vegetable or animal origin: Other.  The general rate of duty will be 3.1%.     Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 3203.00.8000, HTSUS, unless specifically excluded, are subject to the additional 25 percent ad valorem rate of duty.  At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 3203.00.8000, HTSUS, listed above. The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, including information on exclusions and their effective dates, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively. This merchandise may be 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. 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 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 Nuccio Fera at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division