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NY M82947




May 25, 2006

CLA-2-09: RR: NC: SP: 231 M82947

CATEGORY: CLASSIFICATION

TARIFF NO.: 0904.20.6090 ; 0904.20.7600

Mr. Ken Lehat
Ken Lehat & Associates, Inc.
145 Hook Creek Blvd. (Bldg. C1G)
Valley Stream, NY 11581

RE: The tariff classification of red pepper flakes and granules from China.

Dear Mr. Lehat:

In your letter dated April 13, 2006, on behalf of your client Malagasy Agencies Incorporated, you requested a tariff classification ruling.

The two products are described as follows:

Red bell pepper flakes consist of dehydrated flakes or pieces, cut into irregular sizes of approximately ¼-inch or larger. The pepper flakes and red pepper granules will be packaged in polyethylene bags of 30 pounds or 55 pounds, net, respectively, and packed in cardboard cartons.

Red bell pepper granules consist of dehydrated, small, coarsely cut particles of pepper. You state in your letter that you believe that, because the granules have been cut, they should be classified as peppers, “not ground.” The term “ground” refers to product that has been crushed, pulverized or otherwise reduced to small fragments or fine powder, usually by friction. In our opinion, these granules have the character (size and appearance) of a coarsely ground product and, therefore, are classifiable as such.

You indicate that the product is grown and harvested in China. After harvesting the product is washed, sorted, and cut into flakes and granules, then dehydrated. The products are then packed and sent to Germany where they are further examined for uniformity and repacked for export. The finished red pepper products are exported to the United States and sold to food companies as ingredients in various products and are not for retail sale.

The applicable subheading for the red bell pepper flakes will be 0904.20.6090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pepper of the genus Piper; dried crushed or ground fruits of the genus Capsicum (peppers) or of the genus Pimenta (e.g., allspice)fruits of the genus Capsicum or of the genus Pimenta (including allspice), dried or crushed or groundof the genus Capsicum (including cayenne pepper paprika and red pepper)othernot groundother. The rate of duty will be 2.5 cents per kilogram.

The applicable subheading for the dehydrated red bell pepper granules will be 0904.20.7600, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pepper of the genus Piper; dried crushed or ground fruits of the genus Capsicum (peppers) or of the genus Pimenta (e.g., allspice)fruits of the genus Capsicum or of the genus Pimenta (including allspice), dried or crushed or groundof the genus Capsicum (including cayenne pepper paprika and red pepper)otherground, other. The rate of duty will be 5 cents per kilogram.

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.

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 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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