Mr. Kevin Behan
Nestle Canada Inc.
25 Sheppard Ave., West
Toronto, ON M2N 6S8
Date of issuance of ruling:
This is in response to your request for an advance ruling on the tariff classification of Nestle Gerber® organic oatmeal standard baby cereal. This product is manufactured by Nestle Nutrition (Gerber), Fort Smith, Arkansas, USA.
This organic baby cereal is a powdered preparation consisting of 93% organic oat flour, 4.2% moisture and 2.8% vitamins and minerals. It is packaged for retail sale in a 208 gram rigid plastic jar with flip top plastic cap and can be prepared by adding breast milk or iron-fortified infant formula.
Analysis and Justification
Food preparations of flours, groats, meal, starch or malt extract, not containing cocoa are specifically provided for under Heading 19.01 of the Customs Tariff. The organic baby cereal is a food preparation of oat flour which meets the terms of the heading as a food preparation. Sub heading 1901.10 provides for "preparations for infant use, put up for retail sale", the good under review is specifically for infant use and therefore meets the terms of the subheading.
Section 10 of the Customs Tariff directs that classification of imported goods shall be determined in accordance with the General Rules for the Interpretation of the Harmonized System. Section 11 of the Customs Tariff states that in interpreting the headings and subheadings, regard shall be had to the World Customs Organization's (WCO) Explanatory Notes to the Harmonized Commodity Description and Coding System.
General Interpretative Rule 1 (GIR 1) directs that titles of Sections, Chapters and sub-Chapters are provided for ease of reference only. For legal purposes, classification shall be determined according to the terms of the heading and any relative Section and Chapter Notes. Similarly, General Interpretative Rule 6 (GIR 6) directs that classification shall be determined according to the terms of those subheadings and any related Subheading Notes.
The Nestle Gerber® organic oatmeal standard baby cereal is classified under 1901.10.10.00 as food preparations of flour, meal, starch or malt extract, by GIR 1 and 6.
This ruling has been issued under paragraph 43.1(1)(c) of the Customs Act and will be honoured by the CBSA for future importations of the goods specified, provided the material facts and circumstances remain as originally presented; all conditions in the ruling have been met; the ruling has not been modified, revoked, revised, or cancelled; and the Customs Tariff legislation has not changed. Should there be a change in the material facts or circumstances pertaining to the goods, you must notify the CBSA as soon as possible. You may request that the Advance Ruling be modified or revoked as of the date of the change.
Importers should quote the advance ruling number at the time of importation in either the description field of the B3 entry document or on the Canada Customs Invoice. Exporters or producers should quote the advance ruling number on the Certificate of Origin or commercial invoice accompanying the goods.
Should you disagree with this advance ruling, you may file a dispute notice under subsection 60(2) of the Customs Act within 90 days of the date of issuance. Please see the procedures outlined in Appendix C of the CBSA's Memorandum D11-11-3, Advance Rulings for Tariff Classification.
Please be advised that the goods covered by this advance ruling are provided for in a specific tariff provision that is considered 'reason to believe' for the purposes of section 32.2 of the Customs Act and the CBSA's Administrative Monetary Penalty System, described in Memorandum D22-1-1. In the event that you have been classifying these goods elsewhere in the tariff, you are obligated to self-correct. See Memorandum D11-6-6 for information on self-correction/self-adjustment.
All Memoranda referenced in this letter may be accessed on the CBSA website.
Consent to the Public Release of the Advance Ruling
As per your consent statement, we will release this advance ruling to the public, in both official languages, in accordance with the procedures described in Memorandum D11-11-3. The ruling will be published on the CBSA website in 30 days.
Manager, Tariff Policy Unit 'B'
Trade Policy Division
- Date modified: