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NY 882791

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February 18, 1993

CLA-2-09:S:N:N7:232-882791

CATEGORY: CLASSIFICATION

TARIFF NO.: 0901.40.0000

Mr. James F. Blackstock
Professional Law Corporation
601 W. Fifth St., Eighth Floor
Los Angeles, California 90071

RE: The tariff classification of a coffee product from Mexico.

Dear Mr. Blackstock:

In your letter dated February 8, 1993, on behalf of Mexamco, you requested a tariff classification ruling.

The subject merchandise is described as roasted, ground, blended coffees mixed with chicory. It is stated that the chicory in any blend will not exceed 5 percent. The product will be imported in cans or in 20 pound bags.

The applicable subheading for the roasted, ground, blended coffees with chicory will be 0901.40.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for coffee substitutes containing coffee. The rate of duty will be 3.3 cents per kilogram.

Currently, there are no restrictions by U.S. Customs on the importation of this product. Additional requirements may be imposed on this product by the Food and Drug Administration. You may contact the FDA at:

Food and Drug Administration
Division of Regulatory Guidance
200 C Street, S.W.
Washington, D.C. 20204

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire

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