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NY H81360





June 4, 2001

CLA-2-21:RR:NC:2:228 H81360

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9998

Mr. Arthur Noriega IV
4144 N. Armenia Avenue
Tampa, FL 33607

RE: The tariff classification of a food ingredient from the Dominican Republic

Dear Mr. Noriega:

In your letters dated March 23, 2001 and May 15, 2001 you requested a tariff classification ruling.

The product is described as the juice extracted from the trunk of the plantain/banana plant (Musa paradisiaca, Musa Cavendish Enano). The liquid extracted from the plant is placed into 55-gallon plastic drums, mixed with preservatives, and exported to the United States. Subsequent to importation, the juice will be filtered, pasteurized, and packed into bottles of varying sizes. The finished product will be used as a food supplement for human and animal consumption.

The applicable subheading for this product will be 2106.90.9998, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or includedotherotherother. The rate of duty will be 6.4 percent ad valorem.

Articles classifiable under subheading 2106.90.9998, HTS, which are the products of the Dominican Republic, are entitled to duty free treatment under the Caribbean Basin Economic Recovery Act (CBERA) upon compliance with all applicable regulations.

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 212-637-7065.

Sincerely,

Robert B. Swierupski
Director,

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