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HQ 084286

July 24,1989

CLA-2 CO:R:C:G 084286 JGH

CATEGORY: CLASSIFICATION

TARIFF NO: 1212.99.000

Ms. Inara M. Baldwin
The Baltic Trading Co.
1251 Rossmoyne Street
Glendale, California 91207

RE: Unprocessed bee pollen from Latvia

Dear Ms. Baldwin:

Your letter of March 24, 1989, concerns the tariff status under the Harmonized Tariff Schedule of the United States (HTSUS) for unprocessed bee pollen from Latvia.

FACTS:

Bee pollen is described as tree and flower pollen gathered by honeybees, mixed with saliva and nectar, and returned to the hive as food for the bees. It is harvested from the hives and used as a health food supplement. It is composed of protein, lipid (fats), carbohydrates, minerals, and vitamins.

ISSUE:

Classification of unprocessed bee pollen under the HTSUS.

LAW AND ANALYSIS:

Classification under the HTSUS is governed by the General Rules of Interpretation (GRI's). GRI 1 provides that classification is determined first by the headings and various Section and Chapter notes. The Explanatory Notes to heading 1212 list a variety of vegetable products used directly or indirectly as human food.

HOLDING:

Unprocessed bee pollen is classifiable under the provision for other vegetable products of a kind used primarily for human consumption, not elsewhere specified or included in subheading 1212.99.000, HTSUS. The rate of duty for products of Latvia is 4.4 cents per kg.

Sincerely,

John Durant, Director

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