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NY K89838




January 19, 2005

CLA-2-11:RR:NC:2:228 K89838

CATEGORY: CLASSIFICATION

TARIFF NO.: 1106.30.4000

Ms. Sara Krutak
Kingchem, Inc.
5 Pearl Court
Allendale Industrial Park
Allendale, NJ 07401

RE: The tariff classification of strawberry powder from China

Dear Ms. Krutak:

In your letter dated September 23, 2004 you requested a tariff classification ruling.

A sample, submitted with your letter, was forwarded to the Customs laboratory for analysis. The product is a red-colored powder said to be composed of strawberries that have been washed, dried, and ground to powder. No preservatives or other substances have been added to the fruit. Laboratory analysis found 100 percent of the powder able to pass through a wire cloth sieve with a 1.25 millimeter aperture.

The applicable subheading for the strawberry powder will be 1106.30.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for flour, meal and powder of the products of chapter 8other. The rate of duty will be 9.6 percent ad valorem.

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

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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