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NY L84329




May 13, 2005

CLA-2-32:RR:NC:SP:236 L84329

CATEGORY: CLASSIFICATION

TARIFF NO.: 3203.00.8000, 3203.00.1000, 2106.90.9998

Mr. Conor Buckley
980 North Michigan Avenue,
Suite 1090
Chicago, IL 60611

RE: The tariff classification of Paprika Oleoresin OS1 C7009, Snack color BD-ATP1, Annatto Suspension BD4000, Annatto Suspension BD4, Beta –Carotene OS30 from Brazil

Dear Mr. Buckley:

In your letter dated April 21,2005 you requested a tariff classification ruling.

Your descriptive literature states that the natural food ingredient coloring matter will be used to color bakery, dairy and savory products.

Your letter states that paprika oleoresin OS1C7009 contains paprika extract and sunflower oil and that snack color BD-ATP1 contains annatto extract, turmeric, paprika extract, butter oil and sunflower oil.

The applicable subheading for the paprika oleoresin OS1 C7009 and snack color BD ATP-1 will be 3203.00.8000, Harmonized Tariff Schedule of the United States (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 letter states that annatto suspension BD4000 contains annatto extract, sunflower oil and butter oil and that annatto suspension BD4 contains annatto extract and sunflower oil.

The applicable subheading for the annatto suspension BD-4000 and annatto suspension BD-4 will be 3203.00.1000, Harmonized Tariff Schedule of the United States (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: Annatto. The rate of duty will be Free.

Your letter states that beta-carotene OS30 contains beta-carotene and sunflower oil and your product information sheet indicates that OS30 contains beta-carotene and corn oil.

The applicable subheading for the beta-carotene OS30 will be 2106.90.9998, Harmonized Tariff Schedule of the United States (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.

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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