Guidance

Peptide nisin standardised with sodium chloride (Tariff notice 18)

Check the tariff classification for peptide nisin standardised with sodium chloride

New regulation

A new regulation was published on 19 January 2024 and entered into force 20 days after this date.

L Series

Reg. 2024/353

This is not considered a change in Northern Ireland practice.

Classification (Combined Nomenclature (CN) code)

3824 99 96

Description of the goods

Preparation consisting of 17% by weight of the polycyclic peptide nisin mixed with 83% by weight of sodium chloride.

Sodium chloride is first added during a purification step in the production of nisin. In a subsequent step, further sodium chloride is added solely to standardise the preparation to a defined antibiotic activity.

The preparation is used as a food additive to prevent bacterial growth.

Reason

Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 1 to Chapter 29 and the wording of CN codes 3824, 3824 99 and 3824 99 96.

The sodium chloride contained in the preparation is added for standardisation and not nutritional purposes. The preparation is used as a technical food additive and is not considered as a mixture of chemicals with foodstuffs or other substances with nutritive value within the meaning of Note 1(b) to Chapter 38. Therefore, classification as a food preparation of heading 2106 is excluded (see the Harmonised System Explanatory Note (HSEN) to Chapter 38, General, fifth paragraph).

Classification in Chapter 29 is excluded as sodium chloride has been deliberately added to render the preparation particularly suitable for specific use as a food additive with defined antibiotic activity. Moreover, sodium chloride is not an impurity resulting from the manufacturing process (see Note 1(a) to Chapter 29 and the HSEN to Chapter 29, General, point (A), second and fifth paragraphs).

Consequently, the preparation is to be classified under CN code 3824 99 96 as other preparations of the chemical or allied industries, not elsewhere specified or included (see also by analogy the Harmonized System classification opinion 3824.99/3).

Contact details

Tariff Classification
Customs Policy & Strategy
3rd Floor
14 Westfield Avenue
Stratford
London
E20 1HZ

Email: tariff.classification@hmrc.gov.uk

This Tariff notice is published for information purposes only.

Published 5 April 2024