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NY N012257




June 28, 2007

CLA-2-4:RR:E:NC:2:232

CATEGORY: CLASSIFICATION

TARIFF NO.: 0409.00.0025

Mr. Octavio Cardoso
Westchester International
5491 University Dr.
Suite 104 A
Coral Springs, FL 33067

RE: The tariff classification of honey from Brazil.

Dear Mr. Cardoso:

In your letter dated June 5, 2007, you requested a tariff classification ruling.

A description of the manufacturing process and a picture were submitted with your letter. The product is described as organic honey which has been removed from the honey comb using centrifuge equipment and filtered. The honey will be imported in retail-sized containers holding 230, 340 and 300 grams, and used to sweeten foods and drinks.

The applicable subheading for the honey will be 0409.00.0025, Harmonized Tariff Schedule of the United States (HTSUS), which provides for natural honey comb honey and honey packaged for retail sale. The rate of duty will be 1.9 cents per kilogram. Additionally, there is a 2.2 cents per kilogram agricultural fee on all imported honey.

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/.

Your inquiry does not provide enough information for us to give a classification ruling on the Organic Honey imported in drums containing 240 kilograms or on the Organic Mini-Corn. Your request for a classification ruling should include:

The color(s) of the honey imported in non-retail containers. For the mini-corn, provide the complete botanical name of the plant from which the corn was grown – Genus, species, and variety or cultivar.

This information concerning the corn was requested in our letter to you dated May 17, 2007. The information provided with your June 5, 2007 letter did not include the variety or cultivar. When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you.

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 Frank Troise at 646-733-3031.

Sincerely,

Robert B. Swierupski
Director,

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