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NY L88315




November 14, 2005

CLA-2-70:RR:NC1:126: L88315

CATEGORY: CLASSIFICATION

TARIFF NO.: 7010.90.50; 7013.39.2000; 2103.30.4000

Ms. Patricia Pietzak
Tillen Farms
Metzger Specialty Brands
250 West 57th Street
Suite 2322
New York, NY 10107

RE: The tariff classification of mustard from France and glass articles from the Czech Republic

Dear Ms. Pietzak:

In your letter, dated October 18, 2005, you requested a tariff classification ruling regarding prepared mustard from France that will be packed in four glass articles from the Czech Republic.

One of the glass articles is a large jar (with a capacity of 1000 grams) that has a bail and trigger closure.

The remaining three glass items are small storage articles.

Samples of the small storage articles were submitted with your ruling request.

The applicable subheading for the large jar with a bail and trigger closure will be 7010.90.50, Harmonized Tariff Schedule of the United States (HTS), which provides for preserving jars of glass. The rate of duty will be free.

The applicable subheading for the three small glass storage articles will be 7013.39.2000, HTS, which provides for glassware of a kind used for table (other than drinking glasses) or kitchen purposes other than that of glass-ceramicsotherothervalued not over $3 each. The rate of duty will be 22.5 percent ad valorem.

The applicable subheading for the mustard will be 2103.30.4000, HTS, which provides for mustard flour and meal and prepared mustardprepared mustard. The rate of duty will be 2.8 cents per kilogram.

However, the Harmonized Tariff Schedule of the United States has been modified by adding in numerical sequence the following superior text and subheading to subchapter III of chapter 99 to the HTS:

Articles the product of Austria, Belgium, Denmark, Finland, France, the Federal Republic of Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain, or Sweden:

9903.02.38 Prepared mustard (provided for in subheading 2103.30.40).

Under this provision, the prepared mustard from France, classified under subheading 2103.30.4000, HTS, is subject to a 100 percent ad valorem rate of duty.

This merchandise may be subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the 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 Specialists Jacob Bunin at 646-733-3027 and Stanley Hopard at 646-733-3029.

Sincerely,

Robert B. Swierupski
Director,

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