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NY M82583




August 25, 2006

CLA-2-11:RR:NC:SP:231 M82583

CATEGORY: CLASSIFICATION

TARIFF NO.: 1103.13.0060

Ms. Sue Todd
Gram Pty. Ltd.
PO Box 557
Lindfield NSW 2070
Australia

RE: The tariff classification and status under the United States-Australia Free Trade Agreement (UAFTA), of maize grits from Australia.

Dear Ms. Todd:

In your letter dated April 12, 2006, you requested a ruling on the status of maize grits from Australia under the UAFTA.

A sample of a yellowish granular powder described as “heat processed maize grits” was submitted for our examination. You state that the product consists of raw cleaned maize grits which have been fed into a hot air stream. The heat processing is said to give the particles a microporous internal cell structure that allows them to take up moisture very rapidly. The product, which will be packed in 25-kg bags, is intended for use as an ingredient in biscuits, crackers, wholegrain breads and other baked goods. You state that the maize is grown and processed in Australia.

The New York Customs Laboratory has analyzed the submitted sample, and reports that it meets the requirements of Note 2(A) of Chapter 11, Harmonized Tariff Schedule of the United States (HTSUS), but does not meet the requirements of Note 2(B). The sample meets the requirements of Note 3(a) of Chapter 11, HTSUS.

The applicable tariff provision for the “heat processed maize grits” will be 1103.13.0060, HTSUS, which provides for cereal groats and meal: of corn (maize): other. The general rate of duty will be 0.3 cents per kg.

General Note 28(b), HTSUS, sets forth the criteria for determining whether a good is originating under the UAFTA. General Note 28(b), HTSUS, (19 U.S.C. § 1202) states, in pertinent part, that

For the purposes of this note, subject to the provisions of subdivisions (c), (d), (m) and (n) thereof, a good imported into the customs territory of the United States is eligible for treatment as an originating good of a UAFTA country under the terms of this note only if –

(i) the good is a good wholly obtained or produced entirely in the territory of Australia or of the United States, or both;

(ii) the good was produced entirely in the territory of Australia or of the United States, or both, and—

(A) each of the nonoriginating materials used in the production of the good undergoes an applicable change in tariff classification specified in subdivision (n) of this note;

(B) the good otherwise satisfies any applicable regional value content requirement referred to in subdivision (n) of this note; or

(C) the good meets any other requirements specified in subdivision (n) of this note;
and such good satisfies all other applicable requirements of this note;

(iii) the good was produced entirely in the territory of Australia or of the United States, or both, exclusively from materials described in subdivision (b)(i) or (b)(ii) of this note; or

(iv) the good otherwise qualifies as an originating good under this note,
and is imported directly into the customs territory of the United States from the territory of Australia.

Based on the facts provided, the goods described above qualify for UAFTA preferential treatment, because they will meet the requirements of HTSUS General Note 28(b)(i). The goods will therefore be entitled to a Free rate of duty under the UAFTA upon compliance with all applicable laws, regulations, and agreements.

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.

These goods may be subject to regulations or restrictions administered by the U.S. Department of Agriculture, Animal and Plant Health Division (APHIS). You may contact this agency regarding possible applicable regulations at the following location:

U.S. Department of Agriculture
APHIS
Plant Protection and Quarantine Permit Unit 4700 River Road, Unit 136
Riverdale, MD 20737-1236
Telephone number: 877-770-5990

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 Thomas Brady at 646-733-3030.

Sincerely,

Robert B. Swierupski
Director,

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