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NY E82263




October 1, 1999

CLA-2-30:RR:NC:2:238 E82263

CATEGORY: CLASSIFICATION

TARIFF NO.: 3002.90.1000

Mr. Byron Johnson
Mc Clary, Swift & Company
P.O. Box 370
Blaine, WA 98231

RE: The tariff classification of Yogourmet Kefir ferment from Canada

Dear Mr. Johnson:

In your letter dated July 2, 1999, on behalf of your client, Omega Nutrition U.S.A. Inc., you requested a tariff classification ruling. We regret the delay in responding.

The subject product, Yogourmet Kefir, is a freeze-dried starter culture (ferment) principally intended for use as a starter for producing a fermented milk product. It consists of a lyophilized mixture of microorganisms, made up of lactic acid bacteria and yeasts (2% by weight), and skim milk powder (98% by weight). According to the manufacturer’s composition sheet, the lactic acid bacteria comprise more than 99% of the microorganism component.

The product is obtained by inoculating a skim milk-based culture broth with kefir grains and the microorganisms described above, and then, after cessation of fermentation, freeze-drying the resulting product (i.e., the imported product) to preserve bacterial activity. You state in your letter that the product will be imported put up in 2 x 5 g aluminum envelopes (packets).

The applicable subheading for the subject product will be 3002.90.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for "[H]uman blood; ; cultures of microorganisms (excluding yeasts) and similar products: Other: Ferments." The general rate of duty will be free.

This merchandise may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number 301-443-1544.

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 Harvey Kuperstein at 212-637-7068.

Sincerely,

Robert B. Swierupski

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