Tariff Schedule Rulings D-Memoranda Trade Remedies PGA Requirements Sanctions Regimes

Ruling C-2019-003553

active

&&According to the documentation provided, the product is a crisp savory snack made from 95% organic rice and 5% sunflower oil. During the manufacturing process, rice is steamed, kneaded and shaped into disks before being baked in an oven and packaged for retail sale.

HS Classification

1905.90.10.00

CBSA Reasoning

&&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.&&&&In the request for a ruling, classification number 1905.90.10.00 as “Special dietary biscuits as defined under regulations of Health Canada” was proposed. Section B.24.001 of the Food and Drug Regulations defines the terms “foods for special dietary use”. As it relates to gluten-free products, Section B.24.003 (1) states, in part, that no goods shall be labelled in a manner likely to create the impression that a product for special dietary use unless the foods meet one of the conditions outlined in this subsection. As the manufacturer of the product provided evidence that the goods were manufactured to be free of gluten throughout the manufacturing process, the proposed tariff classification of 1905.90.10.00 is appropriate since the goods are baked and are gluten-free thereby meeting Health Canada’s definition of “food for special dietary use”.&&

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