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NY B85997




June 30, 1997

CLA-2-4:RR:NC:2:228 B85997

CATEGORY: CLASSIFICATION

TARIFF NO.: 0409.00.0025, 2008.19.4000, 2008.19.9090, 2106.90.9998

Ms. Sunny Makleff
9145 Charleville Blvd. #2
Beverly Hills, CA 90212-3501

RE: The tariff classification of nutritional supplements from Israel.

Dear Ms. Makleff:

In your letters dated March 25, 1997, and May 22, 1997, you requested a tariff classification ruling.

Pictorial literature was submitted with your March letter. Ingredients breakdowns accompanied your second letter. "Organic Honey" consists of 100 percent honey packed in glass or plastic containers holding from 500 to 1500 grams. "Honeycomb" consists of 450 grams of honeycomb in pure honey. "Almond Products" consist of 100 percent almond paste put up in containers holding 200 or 400 grams, net weight. "Lin's Natural Delicacies" are made from 50 percent sesame paste, and 50 percent honey, or 90 percent almond paste, and 10 percent honey, put up in containers holding 200 or 400 grams, net weight. "Royal Jelly" is a mixture of 415 grams of organic honey and 35 grams of royal jelly in 450 gram containers. The products are packaged for retail sale, to be used as nutritional supplements.

The applicable subheading for the "Organic Honey", and "Honeycomb" will be 0409.00.0025 Harmonized Tariff Schedule of the United States (HTS), which provides for natural honey...comb honey and honey packaged for retail sale. The general rate of duty will be 2 percent ad valorem. In addition, all natural honey is subject to an additional agricultural fee of 2.2 cents per kilogram.

The applicable subheading for the "Almond Products", and almond paste with organic honey will be 2008.19.4000, HTS, which provides for fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included, nuts...other...almonds. The general rate of duty will be 36.7 cents per kilogram.

The applicable subheading for the sesame paste with organic honey will be 2008.19.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included...seeds...other... other. The general rate of duty will be 23 percent ad valorem.

The applicable subheading for the "Royal Jelly" will be 2106.90.9998, HTS, which provides for food preparations not elsewhere specified or included...other...other...other. The general rate of duty will be 8.2 percent ad valorem.

Articles classifiable under subheading 0409.00.0025 and 2106.90.9998, HTS, which are products of Israel are entitled to duty free treatment under the United States - Israel Free Trade Area upon compliance with all applicable regulations.

The importation of this merchandise may be subject to restrictions imposed 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

Your inquiry does not provide enough information for us to give a classification ruling on the "pure honeycomb". Your request for a classification ruling should include a sample of the product.

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 Stanley Hopard at 212-466-5760.

Sincerely,

Gwenn Klein Kirschner
Chief, Special Products Branch

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