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NY N005585




February 6, 2007

CLA-2-21:RR:NC:N2:232

CATEGORY: CLASSIFICATION

TARIFF NO.: 2102.30.0000

Mr. Troy Clarke
CBT International, Inc.
110 West Ocean Blvd. - Suite 728
Long Beach, CA 90802

RE: The tariff classification of “Instant Coffee Beverage” from Germany

Dear Mr. Clarke:

In your letter dated January 9, 2007, you requested a tariff classification ruling.

You submitted descriptive literature and product sample with your request. The subject merchandise is instant coffee beverage that will be imported in bulk and repackaged in the USA. The labels indicate that this product will be packaged in 3.5-ounce retail boxes and will be called an Herbal Beverage, instant beverage. The consumer adds one or two teaspoons of herbal beverage to one cup of water to produce a beverage. The herbal beverage is said to contain roasted barley, malt and chicory.

The applicable subheading for the Herbal beverage will be 2102.30.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Roasted chicory and other roasted coffee substitutes and extracts, essences and concentrates thereof. The rate of duty will be 2.1 cents per kilogram.

Duty rate are for your convenience and are subject to chance. 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 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 Paul Hodgkiss at 646-733-3031.

Sincerely,

Robert B. Swierupski
Director,

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