The tariff classification of fermented black garlic bulbs from China

N362974
July 22, 2026
CLA-2-20:OT:RR:NC:N5:228
CATEGORY: Classification
TARIFF NO.: 2005.99.9700
Thomas Ng Blue Sky Foods, Inc. dba ASA Trading Company 1501 Doolittle Dr, Unit A San Leandro, CA 94577 RE: The tariff classification of fermented black garlic bulbs from China Dear Mr. Ng: In your letter dated July 8, 2026, you requested a tariff classification ruling. An ingredients breakdown, description of the manufacturing process, manufacturing flowchart, and a pictures of the product accompanied your letter. The product, “Dehydrated Black Garlic,” is described as fresh, whole garlic bulbs, containing no additional additives, sugar, water or preservatives, that undergo a multi-step manufacturing process in which the raw material undergoes an enzymatic hydrolysis and Maillard browning reaction. The black garlic bulbs are intended for human consumption for use as a snack and will be imported in a refrigerated condition in food-grade nylon vacuum pouches, sealed airtight within an industrial vacuum packaging machine to block oxidation and extend shelf life up to 12 months. The black garlic bulbs are said to be manufactured by first harvesting fresh, raw garlic bulbs and transporting them to the food processing plant. The garlic bulbs are evenly spread onto hot air circulation drying chambers in a recirculating air drying room at temperatures of approximately 25 degrees Celsius for 12 hours. This step reduces surface moisture to a target 12–15% epidermal water content. The next step involves taking what is described as the fully-dried raw garlic bulbs for a re-inspection process to remove any bulbs that developed surface mold during drying. Approved bulbs are restacked onto food-grade stainless steel wire mesh fermentation trays, which are transported into an insulated stainless steel industrial fermentation chamber room to undergo a fermentation process for a duration of 30-60 days. The shorter timespan provides a firm, lightly sweet black garlic bulb while the latter duration provides an ultra-soft, molasses-like bulb. The air temperature within the wall-mounted electric resistance heating elements is approximately 60 degrees Celsius with the chamber containing a relative humidity of approximately 90 percent. During this process, the fully-dried raw garlic bulbs undergoe enzymatic hydrolysis and a Maillard browning reaction inside the temperature/humidity-controlled fermentation room which is said to alter its appearance, flavor, moisture contents and other characteristics such as carbohydrates, protein and fiber. Allicin (sharp garlic pungency)

breaks down into sweet, antioxidant S-allyl cysteine while sugars and amino acids react to form dark black melanoidins, eliminating raw garlic’s harsh bite. Once the 30–60 day fermentation cycle completeas, fully blackened garlic bulbs are still described as being extremely soft and sticky with high surface free moisture, which would cause rapid spoilage in sealed packaging. Trays are transferred back to the same recirculating drying chamber that occurred prior to the fermentation step for a secondary mild drying cycle at temperatures of approximately 45 degrees Celsius to stabilize surface moisture without reversing the fermented flavor profile. Qualified fermented black garlic bulbs are loaded into food-grade nylon vacuum pouches, sealed airtight on an industrial vacuum packaging machine to block oxidation and extend shelf life up to 12 months. Packaged finished goods are palletized and transferred to a refrigerated finished goods warehouse. The applicable subheading for the product, “Dehydrated Black Garlic,” will be 2005.99.9700, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006 . . . other vegetables and mixtures of vegetables . . . other . . . other. The general rate of duty will be 11.2 percent ad valorem. The duties cited above are current as of this ruling’s issuance. 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/. This ruling does not address the applicability of any additional duties, taxes, fees, exactions and/or other charges, which may apply to the goods discussed herein. This includes, but is not limited to, tariffs and other duties as provided for in Subchapter III to Chapter 99, HTSUS. Thus, for example, in addition to the classification stated above, the merchandise covered by this ruling may also need to be reported with either the Chapter 99 provision under which an additional tariff applies or one of the Chapter 99 provisions covering exceptions to such tariffs. For further information to assist with the importation process, please refer to the frequently updated Cargo Systems Messaging Service (CSMS) messages at https://www.cbp.gov/trade/automated/cargo-systems-messaging-service and the Trade Remedies page at https://www.cbp.gov/trade/programs-administration/trade-remedies. 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 Timothy Petrulonis at [email protected].
Sincerely,
(for) James P. Forkan Director National Commodity Specialist Division