N307210

N307210 October 9, 2020 CLA-2-23:OT:RR:NC:N2:231 CATEGORY: Classification TARIFF NO.: 1102.20.0000; 1102.90.6000 Mr. Scott Hoffman Trans American CHB Inc. 4902 North America Drive Buffalo, NY 14224 RE: The tariff classification of Brewing Spent Grains from Belgium Dear Mr. Hoffman: In your letter dated October 30, 2019, you requested a tariff classification ruling on behalf of Anheuser-Busch LLC (St. Louis, MO). The samples and documentation received with your request was forwarded to our lab for review. That review is now complete. We apologize for the delay in the issuance of this ruling. The subject merchandise are BarleyVita Fibra and BarleyVita Pro. You have stated that both products are derived from brewing spent grains, barley and corn, respectively. The products, which are in powder form, are produced from drying and milling brewing or distilling dregs and waste. The products are separated into finer and coarser particles. BarleyVita Pro represents the former, and BarleyVita Fibra characterizes the latter. Both products will be sold for use as fiber and/or protein ingredients in baked goods and other food applications. Based on the laboratory review, the samples fail to meet the Chapter 11, Note 2(A) starch/ash content requirements for classification within that chapter of the Harmonized Tariff Schedule of the United States (HTSUS). However, the samples meet the Note 2(B) sieve-test requirement for flours of heading 1102. The applicable subheading for the BarleyVita Fibra will be 1102.20.0000, HTSUS, which provides for: “Cereal flours other than of wheat or meslin: Corn (maize) flour.” The rate of duty will be 0.3 cents per kilogram. The applicable subheading for the BarleyVita Pro will be 1102.90.6000, HTSUS, which provides for: “Cereal flours other than of wheat or meslin: Other: Other: Other.” The rate of duty will be 9 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 on the World Wide Web 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 the 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 Regulations (19 CFR Part 177). This ruling is being issued under the provisions of Part 177 of the Customs 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, contact National Import Specialist Ekeng Manczuk at ekeng.b.manczuk@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division