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NY H88610




March 14, 2002

CLA-2-09:RR:NC:SP:232 H88610

CATEGORY: CLASSIFICATION

TARIFF NO.: 0901.21.0030; 0901.22.0030

Ms. Kathy P. Hurt
Kathy Hurt Customs Brokers, Inc.
3420 Norman Berry Drive, Suite 208
Hapeville, GA 30354

RE: The tariff classification of Coffee from Italy

Dear Ms. Hurt:

In your letter dated February 5, 2002, on behalf of My Home Chef, Inc. d/b/a/ Specialty Foods International of Atlanta, Georgia, you requested a tariff classification ruling.

You submitted descriptive literature and product photographs with your request. The subject merchandise is “Trinacria Caffé”, described as roasted espresso coffee beans. This product will be imported for retail sale in three varieties: “Arabica”, “Decaffeinato”, and “Crema Bar”. According to the photo provided, all of these coffee beans will be imported in paper sacks containing 9 ounces, net.

The applicable subheading for the “Arabica” and the “Crema Bar” will be 0901.21.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for Coffee, whether or not roasted or decaffeinated; coffee husks and skins; coffee substitutes containing coffee in any proportion: Coffee, roasted: Not decaffeinatedIn retail containers weighing 2 kg or less. The rate of duty will be free.

The applicable subheading for the “Decaffeinato” will be 0901.22.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for Coffee, whether or not roasted or decaffeinated; coffee husks and skins; coffee substitutes containing coffee in any proportion: Coffee, roasted: DecaffeinatedIn retail containers weighing 2 kg or less. The rate of duty will be free.

The Food and Drug Administration may impose additional requirements on this product. You may contact the FDA at:

Food and Drug Administration
Division of Import Operations and Policy
5600 Fishers Lane
Rockville, Maryland 20857
Telephone: (301) 443-6553

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 John Maria at (646) 733-3031.

Sincerely,

Robert B. Swierupski
Director,

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