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NY B85632




May 28, 1997

CLA-2-12:RR:NC:SP:232 B85632

CATEGORY: CLASSIFICATION

TARIFF NO.: 1207.40.0000; 1702.90.9000

Mr. Mukesh M. Patel
Nashel Kates Nussman Rapone Ellis & Traum 190 Moore Street
Suite 306
Hackensack, N.J. 07601-7407

RE: The tariff classification of sesame seeds, jaggery and tea from India.

Dear Mr. Patel:

In your letter dated May 12, 1997, on behalf of National Diamond Products, Inc., you requested a tariff classification ruling.

Photographs were included with your request. The photograph labelled "Sample :45" is described as "natural sesame-seed", which will be used as a source of oil and a flavoring agent. The product will be imported in packages of 250 and 500 grams. For purposes of this ruling, it is assumed that the sesame seeds have not been roasted or mixed with any other ingredients. Jaggery, which is shown in the photograph labelled "Sample :40" is described as an unrefined sugar made from palm sap. It will be imported in 5, 10, or 20 pound packages. Tea, which is shown in the photograph labelled "Sample :44", is produced from the shrub Camellia Sinensis, and will be imported in 250 gram, 500 gram and 1 kilogram packages.

The applicable subheading for the sesame seeds will be 1207.40.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other oil seeds and oleaginous fruits, whether or nor broken...sesame seeds . The duty rate will be free.

The applicable subheading for the jaggery produced from palm will be 1702.90.9000, HTS, which provides for other sugars...in solid form...other...other...other. The rate of duty will be 5.6 percent ad valorem.

Articles classifiable under subheading 1702.90.9000, HTS, which are products of India are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

Your inquiry does not provide enough information for us to give a classification ruling on the tea. Your request for a classification ruling should include the type of tea (black, green, etc.), if the tea is in tea bags, and a description of all of the packaging materials for example, plastic, paper, foil, etc.

This ruling is being issued under the provisions of Part 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 John Maria at 212-466-5730.

Sincerely,

Gwenn Klein Kirschner
Chief, Special Products Branch

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