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NY C81936




December 9, 1997

CLA-2-11:RR:NC:2:228 C81936

CATEGORY: CLASSIFICATION

TARIFF NO.: 1106.30.4000

Ms. Melody L. Jones
Interactive Medical Technologies, Ltd.
2139 Pontius Avenue
Los Angeles, CA 90025

RE: The tariff classification of a fruit powder from Vanuatu

Dear Ms. Jones:

In your letters dated October 16, 1997 and November 17, 1997, you requested a tariff classification ruling.

A sample was submitted with your first letter, and information regarding the manufacturing process accompanied your November letter. The product is a brown powder, made from the pulverized, freeze-dried fruit of Morinda citrifolia ("noni" fruit). The fruit is a product of Vanuatu, freeze-dried and ground into powder in New Zealand, and exported from the latter country to the United States in 1-2 kilogram, sealed foil bags. The powder will be encapsulated in the United States.

The applicable subheading for the freeze-dried noni fruit powder will be 1106.30.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for flour, meal and powder... of the products of chapter 8...other. The rate of duty will be 12.3 percent ad valorem. Effective January 1, 1998, the rate of duty will be 11.4 percent ad valorem.

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,

Robert B. Swierupski
Director,

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