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NY N005165




January 17, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 1302.19.9040

Mr. Bob W. Forbes
ROE Logistics
660 Bridge Street
Montreal, Quebec, H3K 3K9
Canada

RE: The tariff classification of Natural Vanilla Extract 10x (Product No. 7010) from France

Dear Mr. Forbes:

In your letter dated January 8, 2007, on behalf of your client, Barry Callebaut Canada, you requested a tariff classification ruling.

The subject product, Natural Vanilla Extract 10x (Product No. 7010), is described in your letter as a vanilla extract, containing a minimum of 35% alcohol (by volume), prepared from the dried-and-cured beans of Bourbon vanilla (Vanilla planifolia) and Tahitian vanilla (Vanilla tahitensis). You indicate that the extract is intended for use in the manufacture of confectionary products, and will be imported put up in jugs containing 18 kg of extract per jug.

The applicable subheading for the subject product 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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