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NY I82232




June 12, 2002

CLA-2-30:RR:NC:2:238 I82232

CATEGORY: CLASSIFICATION

TARIFF NO.: 3002.90.1000

Mr. Martin J. Sveum
TowerGroup International
P.O. Box 1738
Blaine, WA 98231-1738

RE: The tariff classification of the Teldon Kefir Maker from Canada

Dear Mr. Sveum. :

In your letter dated May 23, 2002, on behalf of your client, Teldon of Canada Ltd., you requested a tariff classification ruling.

The submitted sample, the Teldon Kefir Maker, is a starter kit for the manufacture of kefir, which is defined in the Encarta® World English Dictionary as “a creamy drink with a low alcohol content made from fermented cow’s milk.” The kit consists of a plastic jar, with a screw-on cover, into which is housed a sealed, foil packet containing the kefir starter culture; a small, floating device (the “flotation cone”), made of plastic, with a removable, cone-shaped lid ; and an instruction pamphlet. The actual device used to produce the kefir (i.e., the Kefir Maker) is formed by pouring the starter culture granules into the flotation cone, which is then placed in a container holding anywhere from 1 to 1½ liters of milk, for approximately18 hours, where it floats upon the milk’s surface, allowing the bacteria present in the culture to produce kefir by fermenting the milk. Pursuant to your request, the submitted sample is being returned.

The applicable subheading for the subject product will be 3002.90.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Human blood; ; vaccines, toxins, cultures of micro-organisms (excluding yeasts) and similar products: Other: Ferments. The 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 646-733-3033.

Sincerely,

Robert B. Swierupski

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