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NY J89435




October 10, 2003

CLA-2-21:RR:NC:2:228 J89435

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9998

Mr. Mitchell Neriah
Customs Consulting Services
415 S. Prospect Ave.
Redondo Beach, CA 90277

RE: The tariff classification of a food ingredient from Japan

Dear Mr. Neriah:

In your letter dated September 15, 2003, on behalf of Meitetsu, Inc., you requested a tariff classification ruling.

Technical information was submitted with your letter. The product, “ε-Polylysine,” is described as an amino-acid based food preservative, in powder and liquid form. The powder, item no. GU110G, is composed of 83.3 percent glycine, and 8.35 percent each of dextrin and ε-Polylysine. The liquid, item no. GL-216G, is said to consist of 60 percent glycine, 15 percent sodium acetate, 7.5 percent each of adipic acid and malic acid, and 5 percent each of ε-Polylysine and dextrin.

The applicable subheading for the ε-Polylysine products 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.

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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