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NY N008053




April 23, 2007

CLA-2-20:RR:NC:N2:228

CATEGORY: CLASSIFICATION

TARIFF NO.: 2005.99.9700

Mr. David Kornblum
Goodplace Limited
6710 Finamore Circle
Lake Worth, FL 33467

RE: The tariff classification of prepared garlic from China

Dear Mr. Kornblum:

In your letter dated January 30, 2007 you requested a tariff classification ruling.

An ingredients breakdown and a sample were submitted under separate cover, received by this office on March 9, 2007. The sample was forwarded to the Customs laboratory for analysis. Marinated Garlic with Herbs consists of garlic cloves and unspecified herbs, packed for retail sale in a liquid solution in a glass jar containing 6 ounces, net weight. The stated ingredients are garlic cloves, sunflower oil, salt, herbs, and “food acid.” Laboratory analysis determined the product did not contain acetic acid.

The applicable subheading for the Marinated Garlic with Herbs will be 2005.99.9700, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic aced, not frozenother vegetables and mixtures of vegetablesotherother. The rate of duty will be 11.2 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/.

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 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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