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NY M85252




July 28, 2006

CLA-2-13:RR:NC:2:238 M85252

CATEGORY: CLASSIFICATION

TARIFF NO.: 1302.19.9040

Thomas M. Miaskiewicz, Esq.
Sullivan & Lynch, P.C.
Inner Tech Park
56 Roland, Suite 303
Boston, MA 02129-1223

RE: The tariff classification of Vanilla Extract G0206G, Vanilla Extract G0104G, Vanilla Extract E0119A, and Vanilla Extract E0221A, imported in bulk form, from France

Dear Mr. Miaskiewicz:

In your letter dated July 18, 2006, on behalf of your client, Prova, Inc., you requested a tariff classification ruling.

The first product, Vanilla Extract G0206G, consists of a “pure and highly concentrated vanilla extract,” obtained by solvent extraction with ethanol, dissolved in glycerol (glycerin, glycerine), pure ethanol, and water. As sold, 1000 grams of the product contains 300 grams of concentrated vanilla extract, 306 grams of glycerol, 330 grams of pure ethanol, and 64 grams of water.

The second product, Vanilla Extract G0104G, consists of a “pure and highly concentrated vanilla extract,” obtained by solvent extraction with ethanol, dissolved in glycerol, pure ethanol, and water. As sold, 1000 grams of the product contains 125 grams of concentrated vanilla extract, 301 grams of glycerol, 380 grams of pure ethanol, and 194 grams of water.

The third product, Vanilla Extract, E0119A, consists of a “pure and highly concentrated vanilla extract,” obtained by solvent extraction with ethanol, dissolved in glycerol, pure ethanol, and water. As sold, 1000 grams of the product contains 235 grams of concentrated vanilla extract, 115 grams of glycerol, 350 grams of pure ethanol, and 300 grams of water.

The fourth product, Vanilla Extract E0221A, consists of a “pure and highly concentrated vanilla extract” obtained by solvent extraction with ethanol, dissolved in glycerol, pure ethanol, and water. As sold, 1000 grams of the product contains 45 grams of concentrated vanilla extract, 333 grams of glycerol, 320 grams of pure ethanol, and 302 grams of water.

You state in your letter that the subject products are used as flavorings in the food and beverage industry.

The applicable subheading for all four products will be 1302.19.9040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Vegetable saps and extracts: Other: Other: Other.” The rate of duty will be free.

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 may be subject to the Federal Food, Drug, and Cosmetic Act and/or The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, or by visiting their website at www.fda.gov.

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 Harvey Kuperstein at 646-733-3033.

Sincerely,

Robert B. Swierupski

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