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NY J84512




June 12, 2003

CLA-2-9:RR:NC:2:228 J84512

CATEGORY: CLASSIFICATION

TARIFF NO.: 0902.40.0000, 2005.90.9700, 3923.21.0090, 3923.29.0000

Mr. Ketan Patel
Jai Hanuman Dada Corporation
25542 Sunrise Drive
Monee, IL 60449

RE: The tariff classification of pappadums and tea from India.

Dear Mr. Patel:

In your first letter received April 9, 2003 and second letter received May 15, 2003, you requested a tariff classification ruling.

The samples submitted with your first letter were examined and disposed of. Ingredients breakdowns and a description of how the food products are prepared were submitted with your second letter. Special Patti Premium CTC Leaf Tea consists of loose, fermented, and partly fermented black tea, put up in a plastic pouch containing approximately 250 grams, net weight. The Kush Mathia, Kush Papad, and Kush Chorafali are pappadums, flat round disks, measuring between 5-1/2 and 7 inches in diameter, put up in plastic packages containing appproximately 20 pappadums or 200 grams, net weight. Each is made from vegetable flour, black pepper, spices, salt, and vegetable oil. The pappadums are uncooked. They must be grilled, deep fried, or microwaved for a short time before they can be served.

The applicable subheading for the Special Patti Premium CTC Leaf Tea will be 0902.40.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for tea, whether or not flavoredother black tea (fermented) and other partly fermented tea. The rate of duty will be free.

The applicable subheading for the pouch, if composed of polyethylene, will be 3923.21.0090, HTS, which provides for articles for the conveyance or packing of goods, of plastics: sacks and bags (including cones): of polymers of ethylene: other: other. The rate of duty will be 3 percent ad valorem.

The applicable subheading for the pouch, if composed of a plastics material other than polyethylene, will be 3923.29.0000, HTS, which provides for articles for the conveyance or packing of goods, of plastics: sacks and bags (including cones): of other plastics. The rate of duty will be 3 percent ad valorem.

The applicable subheading for the Kush Mathia, Kush Papad, and Kush Chorafali will be 2005.90.9700, HTS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozenother vegetables and mixtures of vegetables other. The rate of duty will be 11.2 percent ad valorem.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (CFR Part 134). The samples you have submitted are not properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

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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