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NY R00371




November 17, 2004
CLA-2-34R:NC:SP:236 R00371

CATEGORY: CLASSIFICATION

TARIFF NO.: 3402.90.5050

Dr. Wolfgang Sieber
Bussetti & Co GmbH
Vienna, Austria 1170

RE: The tariff classification of Olindronal PF from Austria

Dear Dr. Sieber:

In your letter dated May 13, 2004, you requested a tariff classification ruling.

The sample that you submitted was sent to our laboratory for analysis. Your descriptive literature states that Olindronal PF is an emulsifying agent used in the processing of fresh bakery yeast.

The applicable subheading for the Olindronal PF will be 3402.90.5050, Harmonized Tariff Schedule of the United States (HTS), which provides for Organic surface-active agents (other than soap); surface-active preparations, washing preparations (including auxiliary washing preparations) and cleaning preparations, whether or not containing soap, other than those of heading 3401: Other: Other: Other: Other preparations. The rate of duty will be 3.7 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 Debra Wholey at 646-733-3034.

Sincerely,

Robert B. Swierupski
Director,

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