Background

In the Oct. 26, 2022, Customs Bulletin and Decisions, U.S. Customs and Border Protection is proposing to reclassify a pan masala betel nut food product as prepared nuts under HTSUS 2008.19.9090 (17.9 percent duty) rather than as a food preparation under HTSUS 2106.90.99 (6.4 percent duty).

The product at issue is prepared by means of chopping betel nuts, mixing, and coating them with catechu, lime, cardamon, and various flavors to prepare the product for immediate consumption. It is packaged with a small plastic spoon in a foil-sealed metal container holding 100 grams net weight. Pan masala is consumed after meals, a small spoonful placed in the mouth and chewed as a stimulant and digestive aid.

CBP states that the production of this product fits squarely within the definition of food preparations because the additional component ingredients have been mixed with the betel nut and the combined component ingredients are subjected to a production process in such a manner that the finished product is ready for consumption.

Ruling NY 830068 would be revoked to reflect the proposed reclassification. Comments on this proposal are due no later than Nov. 25.

For more information on how to seek or utilize classification and other rulings, please contact attorney Deb Stern at (305) 894-1007 or via email.

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