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NY N010503




May 22, 2007

CLA-2-33:RR:NC:2:240

CATEGORY: CLASSIFICATION

TARIFF NO.: 3301.90.1050

Ms. Tanis Johnson, CCS
Newly Weds Foods Co.
450 Superior Blvd.
Mississauga, Ontario
L5T 2R9
Canada

RE: The tariff classification of NatureGuard™ Rosemary Oleo from Canada

Dear Ms. Johnson:

In your letter dated April 26, 2007 you requested a tariff classification ruling. A sample was submitted with your ruling request and will not be returned.

  Your inquiry concerns the classification of a product you describe as NatureGuard™ Rosemary Oleo. The product is an extracted rosemary oleoresin produced by supercritical carbon dioxide extraction. NatureGuard™ Rosemary Oleo is a free flowing powder. The product is sold as a raw material, which will be primarily used as a flavoring component.

The applicable subheading for NatureGuard™ Rosemary Oleo will be 3301.90.1050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Essential oils (terpeneless or not), including concretes and absolutes; resinoids; extracted oleoresins; concentrates of essential oils in fats, in fixed oils, in waxes or the like, obtained by enfleurage or maceration; terpenic by-products of the deterpensation of essential oils; aqueous distillates and aqueous solutions of essential oils: Other: Extracted oleoresins: Other. The rate of duty will be 3.8 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/.

The Food and Drug Administration may impose additional requirements on this product. You may contact the FDA at:  5600 Fishers Lane, Rockville MD 20857 1-888-INFO-FDA (1-888-463-6332).

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 Stephanie Joseph at 646-733-3268.

Sincerely,

Robert B. Swierupski
Director,

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