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NY C85912




April 16, 1998

CLA-2-21:RR:NC:2:228 C85912

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9998

Ralph Ronderos
Omega Customs Brokers Inc.
P.O. Box 52-0814
Miami, FL 33152

RE: The tariff classification of Propolis in Alcohol from Brazil.

Dear Mr. Ronderos:

In your letters dated December 26, 1997, and March 28, 1998, on behalf of Osiex USA Trading Inc., Miami, Florida, you requested a tariff classification ruling.

An ingredients breakdown and a description of the manufacturing process was submitted with your second letter. Propolis in Alcohol is composed of 70 percent food grade alcohol and distilled water, and 30 percent propolis "in natura", packed in one ounce bottles. The product can be diluted with water to be used as a vitamin supplement, or used as a gargle.

The applicable subheading for the Propolis in Alcohol will be 2106.90.9998, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or included...other...other...other. The rate of duty will be 7.6 percent ad valorem.

Articles classifiable under subheading 2106.90.9998, HTS, which are products of Brazil, are entitled to duty-free treatment under the Generalized System of Preferences (GSP), upon compliance with all applicable regulations.

Additional requirements may be imposed on this product by the Bureau of Alcohol, Tobacco and Firearms (BATF). You may contact the BATF at: Bureau of Alcohol, Tobacco and Firearms 650 Massachusetts Avenue N.W. Washington, D.C. 20226 Tel# 202-927-8500

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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