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NY L82408

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May 18, 2005

CLA-2-32:RR:NC:SP:236 L82408

CATEGORY: CLASSIFICATION

TARIFF NO.: 3203.00.1000, 3203.00.8000, 2106.90.9998, 2106.90.6400, 2106.90.6600

Ms. Jennifer Buckley
Dairygold USA, Inc.
525 Washington Boulevard, Suite 2440
Jersey City, NJ 07310

RE: The tariff classification of Annatto Suspension B8-SF C1127, Annatto Extract BD-25, Paprika Oleoresin OSI C7009, Paprika Oleoresin BD-30, Natural Carotene OS20A C5272, and Natural Carotene BD-25 from Ireland

Dear Ms. Buckley:

In your letter dated Feb 17, 2005 you requested a tariff classification ruling. Our laboratory has analyzed the samples you submitted.

Your descriptive literature states that annatto suspension B8-SF C1127 contains the extract of annatto seeds and sunflower oil and annatto extract BD-25 contains the extract of annatto seeds in edible oil.

The applicable subheading for the annatto suspension B8-SF C1127 and annatto extract BD-25 will be 3203.00.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for which provides for Coloring matter of vegetable or animal origin (including dyeing extracts but excluding animal black), whether or not chemically defined; preparations as specified in note 3 to this chapter based on coloring matter of vegetable or animal origin: Annatto. The rate of duty will be Free.

Your descriptive literature states that paprika oleoresin OS1 C7009 contains an extract of paprika and vegetable oil and paprika oleoresin BD-30 contains an extract of paprika in edible oil.

The applicable subheading for the paprika oleoresin OS1 C7009 and the paprika oleoresin BD-30 will be 3203.00.8000, HTS, which provides for Coloring matter of vegetable or animal origin (including dyeing extracts but excluding animal black), whether or not chemically defined; preparations as specified in note 3 to this chapter based on coloring matter of vegetable or animal origin: Other. The rate of duty will be 3.1%.

Your descriptive literature states that natural carotene OS20A C5272 consists of beta-carotene and olive oil.

The applicable subheading for the natural carotene OS20A C5272 will be 2106.90.9998, HTS, which provides for food preparations not elsewhere specified or included...other...other...other...other. The rate of duty will be 6.4 percent ad valorem.

Your descriptive literature states that natural carotene BD-25 contains beta-carotene in edible oil.

The applicable subheading for natural beta carotene if in vegetable oil will be 2106.90.9998, HTS, which provides for food preparations not elsewhere specified or included...other...other...other...other. The rate of duty will be 6.4 percent ad valorem.

The applicable subheading for the natural beta carotene if in butter oil, if imported in quantities that fall within the limits described in additional U.S. note 10 to chapter 4, will be 2106.90.6400, HTS, which provides for food preparations not elsewhere specified or included...other...other...containing over 10 percent by weight of milk solids...other, dairy products described in additional U.S. note 1 to chapter 4...described in additional U.S. note 10 to chapter 4 and entered pursuant to its provisions. The rate of duty will be 10 percent ad valorem. If the quantitative limits of additional U.S. note 10 to chapter 4 have been reached, the product will be classified in subheading 2106.90.6600, HTS, and dutiable at the rate of 70.4 cents per kilogram plus 8.5 percent ad valorem. In addition, products classified in subheading 2106.90.6600, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.04.59 to 9904.04.66, HTS.

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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See also:

• Tariff No.: 2106.90.64 - Food preps, nesoi, o/10% by wt of milk solids, dairy prods, descr. in add US note 1 to Ch.4: subject to add US note 10 to Ch.4, not GN15
• Tariff No.: 2106.90.66 - Food preps, nesoi, o/10% by wt of milk solids, dairy prods, descr. in add US note 1 to Ch.4: not subject to Ch4 US note 10, not GN15
• Tariff No.: 2106.90.99 - Food preparations not elsewhere specified or included, not canned or frozen
• Tariff No.: 3203.00.10 - Coloring matter of annato, archil, cochineal, cudbear, litmus and marigold meal
• Tariff No.: 3203.00.80 - Coloring matter of vegetable or animal origin, nesoi
• Tariff No.: 9904.04.59 - Dairy prod. in 0404.10.15, 1517.90.60, 1704.90.58, 1806.20.82, 1806.20.83, 1806.32.70, etc, entered value safe period, under $0.30/kg
• Tariff No.: 9904.04.66 - Dairy prod. in 0404.10.15, 1517.90.60, 1704.90.58, 1806.20.82, 1806.20.83, 1806.32.70, etc, entered value safe period, $1.50/kg or more