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NY L85499




July 1, 2005

CLA-2-20:RR:NC:2:228 L85499

CATEGORY: CLASSIFICATION

TARIFF NO.: 2005.90.9700

Mr. Min Hong
Vandergrift Forwarding Company, Inc.
5959 Century Blvd., Suite 1108
Los Angeles, CA 90045

RE: The tariff classification of agglomerated garlic powder from China.

Dear Mr. Hong:

In your letters dated May 12, 2005 and June 10, 2005, you requested a tariff classification ruling.

A sample, an ingredients breakdown, and a description of the manufacturing process were submitted with your first letter. Additional information pertaining to the manufacturing process was submitted with your second letter. The sample is being returned to you as per your request. AGG Garlic Powder, “agglomerated garlic”, is a free flowing powder consisting of 83 percent dehydrated garlic powder, 5.5 percent dehydrated garlic skin, 5 percent water, 4 percent corn starch, 1 percent Arabic gum, 1 percent silicon dioxide, and 0.5 percent citric acid. Garlic (Allium sativum L.) bulbs are sliced, dehydrated, powdered, combined with the other ingredients, and agglomerated by spray drying and pressurizing to achieve larger granule size. It is packed in bag-in-boxes for industrial use or for repacking.

The applicable subheading for the AGG Garlic Powder will be 2005.90.9700, Harmonized Tariff Schedule of the United States (HTS), which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006other vegetables and mixtures of vegetablesother. The rate of duty will be 11.2 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 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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