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NY L80621




November 19, 2004

CLA-2-33:RR:NC:2:240 L80621

CATEGORY: CLASSIFICATION

TARIFF NO.: 3302.10.1000

Mr. Sam Crace
Forest Flavors International
P.O. Box 444
Glasgow, KY 42142

RE: The tariff classification of Scansmoke R909 Flavor from Denmark

Dear Mr. Crace :

In your letter dated October 25, 2004 you requested a tariff classification ruling for Scansmoke R909 Flavor.

Scansmoke R909 Flavor is composed of pyroligneous acid (odoriferous substance) and MCT carrier oil (coconut and palm kernel oil). The product is a medium smoke flavor, exhibiting a strongly acidic burnt, wood aroma. Scansmoke R909 Flavor is an intermediate smoke flavor used as a raw material for further processing or directly as a flavor, e.g. in spirits and liqueurs. The product is packed in 225-kilo drums.

The applicable subheading for Scansmoke R909 Flavor will be 3302.10.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for Mixtures of odoriferous substances and mixtures (including alcoholic solutions) with a basis of one or more of these substances of a kind used as raw materials in industry; other preparations based on odoriferous substances of a kind used for the manufacture of beverages: Of a kind used in the food or drink industries: Not containing alcohol. The rate of duty will be free.

     The Food and Drug Administration may impose additional requirements on this product. You may contact the FDA at: Food and Drug Administration Division of Import Operations and Policy  5600 Fishers Lane Rockville, MD 20857  

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 Stephanie Joseph at 646-733-3268.

Sincerely,

Robert B. Swierupski
Director,

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