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NY M81293




March 29, 2006

CLA-2-21:RR:NC:N2:228 M81293

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9998; 2308.00.9890

Mr. Conor Buckley
BL Ingredients
1007 Church Street
Evanston, IL 60201

RE: The tariff classification of yeast extracts and apple fiber from Ireland

Dear Mr. Buckley:

In your letters dated February 18, 2006 and March 13, 2006 you requested a tariff classification ruling.

Four samples, submitted with your first letter, were examined and disposed of. An ingredients breakdown and description of the manufacturing process for one item was provided with your March letter. Product AS60201 Apple Yeast Powder, AS60202 Apple Yeast Extract Powder, and AS60203 Apple Yeast Cell Wall Powder, are derived from autolyzed yeast, Saccharomyces cerevisiae. Apple Yeast Powder is the autolyzed yeast that has been evaporated, pasteurized, and spray dried, with maltodextrin as a carrier. The Apple Yeast Extract Powder is prepared by separating the insoluble material from the autolyzed yeast, then evaporating, pasteurizing, and spray drying the remaining extract. Here, too, maltodextrin is used as a carrier. The Apple Yeast Cell Wall powder is prepared by separating, evaporating, pasteurizing and spray drying the insoluble material in the autolyzed yeast (i.e., the cell walls). This material does not require an added carrier. Apple Yeast Powder and Apple Yeast Cell Wall Powder are brown-colored powders. The sample of Apple Yeast Extract Powder is in the form of brown-colored, irregular clumps. Product AS60204 Apple Fiber Powder is a tan-colored powder prepared from the solid material remaining after crushing and pressing apples and separating the juice. The solid material is pasteurized and dried.

All products will be imported in 25 kilogram bags. Your letter states the principle uses for these materials will be for adding texture, flavor, and boosting the nutritional profile of a variety of food products, or as a nutrient source for fermentation media.

The applicable subheading for product AS60201 Apple Yeast Powder, AS60202 Apple Yeast Extract Powder, and AS60203 Apple Yeast Cell Wall Powder will be 2106.90.9998, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or includedother otherotherother. The rate of duty will be 6.4 percent ad valorem.

The applicable subheading for product AS60204 Apple Fiber Powder will be 2308.00.9890, HTSUS, which provides for vegetable materials and vegetable waste, vegetable residues and byproducts, whether or not in the form of pellets, of a kind used in animal feeding, not elsewhere specified or includedotherother. The rate of duty will be 1.4 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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