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NY I87013




October 10, 2002

CLA-2-11:RR:NC:2:231 I87013

CATEGORY: CLASSIFICATION

TARIFF NO.: 1106.30.4000

Mr. Peter Ranieri
New Chemic (U.S.), Inc.
50 Chestnut Ridge Road, Suite 117
Montvale, NJ 07645

RE: The tariff classification of kola nut powder from the Ivory Coast.

Dear Mr. Ranieri:

In your letter, dated September 30, 2002, you requested a tariff classification ruling.

The merchandise is comprised of kola nut powder (Cola nitida). After importation, it will be utilized in the production of nutritional dietary supplements that are in the form of tablets and capsules.

The applicable subheading for kola nut powder will be 1106.30.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for flour, meal and powder of the dried leguminous vegetables of heading 0713, of sago or of roots or tubers of heading 0714 or of the products of chapter 8, of the products of chapter 8, other. The rate of duty will be 9.6 percent ad valorem.

Subheading 1106.30.4000, HTSUS, is currently listed as an eligible subheading for duty purposes under the Generalized System of Preferences (GSP). Goods classifiable under this subheading, which are products of the Ivory Coast, may be entitled to duty free treatment under this GSP provision, upon compliance with all applicable regulations. The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check the Customs Web site at www.customs.gov. At the Web site, click on "CEBB" and then search for the term "T-GSP".

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 Thomas Brady at (646) 733-3030.

Sincerely,

Robert B. Swierupski
Director

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