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NY N003299




December 12, 2006

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.8000

Mr. Shachar Gat
Shonfeld’s USA, Inc.
3100 S. Susan Street
Santa Ana, CA 92704

RE: The tariff classification of a seasoning from China.

Dear Mr. Gat:

In your letter dated October 26, 2006, you requested a tariff classification ruling.

A sample, an ingredients breakdown, and pictorial literature were submitted with your letter. The sample was examined and disposed of. Item no. MAL-220999 Malibu Caribbean Spice BBQ Rub PDQ consists of six glass jars of Malibu Caribbean Spice Flavored BBQ Rub in a cardboard tray measuring approximately 10 inches by 7 inches. The dry mix consists of 30 percent onion flake, 26.40 percent salt, 25 percent dry orange peel, 10 percent coriander seed, 6.6 percent black pepper powder, and 2 percent Malibu Caribbean Rum with natural coconut flavor. The glass jars measure 3-1/2 inches tall and 3 inches in diameter, with a perforated, metal screw cap.

The applicable tariff provision for Item no. MAL-220999 Malibu Caribbean Spice BBQ Rub PDQ will be 2103.90.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for mixed condiments and mixed seasoningsotherotherother. The rate of duty will be 6.4 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/.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (CFR Part 134). The sample you have submitted does not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

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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