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NY K82965




March 3, 2004
CLA-2-21:RR:NC:SP:232 K82965

CATEGORY: CLASSIFICATION

TARIFF NO.: 2101.20.9000

Mr. Kent Sunakoda
James J. Boyle & Co.
Ocean Import & Export
2525 Corporate Place, #100
Monterey Park, CA 91754

RE: The tariff classification of green tea with chlorella from Japan

Dear Mr. Sunakoda:

In your letter dated February 3, 2004, on behalf of Mitsui & Company (USA) Inc., you requested a tariff classification ruling.

The subject merchandise is described as green tea with chlorella. The product will be imported in two formulations: 70 percent green tea with 30 percent chlorella, and 50 percent green tea with 50 percent chlorella. The function of the chlorella is to slow the oxidation of the green tea. The green tea with chlorella will be imported in dried powder form in 10, 20, 25 or 30 kilogram bags with aluminum liners. The merchandise will be used as an ingredient in green tea soymilk, and green tea ice cream.

The applicable subheading for the green tea with chlorella will be 2101.20.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for Extracts, essences and concentrates of coffee, tea or mate and preparations with a basis of these products or with a basis of coffee, tea or mate; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof: Extracts, essences and concentrates, of tea or mate, and preparations with a basis of these extracts, essences or concentrates or with a basis of tea or mate: Other: Other: Other. The rate of duty will be 8.5 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 John Maria at 646-733-3031.

Sincerely,

Robert B. Swierupski
Director,

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