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NY 818210



January 22, 1996

CLA-2-21:RR:NC:FC:228 818210

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.10.0000

Aracely B. LLanos, Ph.D.
Borica Empaque, Inc.
P.O. Box 1741
San Juan, Puerto Rico 00902-1741

RE: The tariff classification of textured vegetable protein from Colombia.

Dear Mr. LLanos:

In your letter dated December 4, 1995, you requested a tariff classification ruling.

The sample submitted with your letter has been examined and disposed of. "Carve" is a textured vegetable protein, in the form of brown-colored, irregular-shaped pieces, measuring approximately 1/4 of an inch in size, made from 94 percent low-fat soy flour, 5 percent water, and 1 percent burnt sugar. It is also available without color consisting of 95 percent soy flour and 5 percent water. The product will be packed in sacks of multi-layered kraft paper with a polyethylene bag holding 15 kilograms, net weight, or in polyethylene bags within cardboard boxes containing 165 grams or 300 grams, net weight.

The applicable subheading for the texturized vegetable product will be 2106.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or included...protein concentrates and textured protein substances. The rate of duty will be 8.8 percent ad valorem.

Articles classifiable under subheading 2106.10.0000, HTS, which are products of the Colombia, are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations, if the GSP is renewed.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (19 CFR Part 134). The sample you have submitted does not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Stanley Hopard at 212-466-5760.

Sincerely,

Roger J. Silvestri
Director

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