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NY L84935




June 2, 2005

CLA-2-07:RR:NC:N2:228 L84935

CATEGORY: CLASSIFICATION

TARIFF NO.: 0703.20.0090

Mr. Bing Li
Reppert Kelly LLC
1350 Broadway
New York, NY 10018-0947

RE: The tariff classification of garlic shoots from China

Dear Mr. Li:

In your letter dated May 12, 2005, on behalf of Great & Success International Trading, Inc., you requested a tariff classification ruling.

Photographs accompanied your letter. The merchandise is fresh garlic shoots, the tubular, above-ground, flower-bearing portion of the immature garlic bulb. The shoots are cut from the plant, bundled, and marketed as a fresh vegetable.

The applicable subheading for the fresh garlic shoots will be 0703.20.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for onions, shallots, garlic, leeks and other alliaceous vegetables, fresh or chilledgarlicother. The rate of duty will be 0.43 cents per kilogram

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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