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NY L83652




April 18, 2005

CLA-2-21:RR:NC:2:228 L83652

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.8000, 2106.90.9998

Mr. Joseph Boscarino
SDV USA, Inc.
150-10 132nd Avenue
Jamaica, NY 11434

RE: The tariff classification of food ingredients from France.

Dear Mr. Boscarino:

In your letter dated March 21, 2005, on behalf of House of Bricks, Inc., Wilkes Barre, PA, you requested a tariff classification ruling.

Copies of product labels were submitted with your letter. The products are described as Marie Brizard brand gelified fruit concentrates/spirits and denatured brandy, armagnac, or cognac, with salt and pepper. The Gelified Orange Spirit consists of alcohol (50 percent by volume), cognac, orange extract, rum, thickening agent, natural flavors, and coloring. The Cognac with Salt and Pepper, Armagnac with Salt and Pepper, and Brandy with Salt and Pepper, are made from either cognac, armagnac, or brandy (40 percent by volume), pepper oleoresin, salt, and caramel coloring. All products are packed for commercial use in two-liter containers, and used as flavorings and/or preservatives in the production of various foodstuffs.

The applicable subheading for the Cognac with Salt and Pepper, Armagnac with Salt and Pepper, and Brandy with Salt and Pepper will be 2103.90.8000, HTS, which provides for sauces and preparations thereforemixed condiments and mixed seasoningsother. other. The rate of duty will be 6.4 percent ad valorem.

The applicable subheading for the Gelified Orange Spirit will be 2106.90.9998, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or includedotherother other. The rate of duty will be 6.4 percent ad valorem.

Additional requirements are imposed on this product by the Alcohol and Tobacco Tax and Trade Bureau (TTB). You may contact the TTB at:

Alcohol and Tobacco Tax and Trade Bureau
650 Massachusetts Avenue N.W.
Washington, D.C. 20226
Tel# 202-927-8110

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 telephone number (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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