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NY R01205




January 18, 2005

CLA-2-21:RR:NC:2:228 R01205

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9998

Mr. Michael Sorenson
SVZ-USA Inc.
1500 N. Broadway
P.O. Box 715
Othello, WA 99344

RE: The tariff classification of a food ingredient from Italy.

Dear Mr. Sorenson:

In your letters dated October 27, 2004, and December 17, 2004, you requested a tariff classification ruling.

A manufacturing flow chart was submitted with your letter. Bilberry Soft Extract – Without Anthocyanins is made by grinding frozen bilberries (Vaccinium myrtillus) and extracting, concentrating, and purifying the liquid portion. During the process the anthocyanins (pigment) is removed. The liquid product is put up in 55 gallon drums and will be used in the production of beverage bases.

The applicable subheading for this product will be 2106.90.9998, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or included. The rate of duty will be 6.4 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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