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NY I89489




January 21, 2003

CLA-2-21:RR:NC:2:228 I89489

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9998

Ms. Kelly O’Neill
All-Ways Forwarding International, Inc.
701 Newark Avenue
Elizabeth, NJ 07208

RE: The tariff classification of food flavoring from France.

Dear Ms. O’Neill:

In your letter dated December 2, 2002, on behalf of Paris Gourmet, Carlstadt, New Jersey, you requested a tariff classification ruling.

A sample, ingredients breakdown, and a description of the manufacturing process were submitted with your letter. The sample was examined and disposed of. Weissmuller Poir (pear) flavoring extract is a clear liquid consisting of 35.88 percent demineralized water, 35.42 percent alcohol, 20 percent pear spirit, 5.17 percent pear extract, and 3.53 percent syrup. It is put up in a 1-liter glass bottle and is used as a flavoring ingredient by food service professionals.

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.

Additional requirements may be imposed on this product by the Bureau of Alcohol, Tobacco and Firearms (BATF). You may contact the BATF at:

Bureau of Alcohol, Tobacco and Firearms
650 Massachusetts Avenue N.W.
Washington, D.C. 20226
Tel# 202-927-8110

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 646-733-3029.

Sincerely,

Robert B. Swierupski
Director,

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