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NY N013583




August 1, 2007

CLA-2-21:RR:NC:2:228

CATEGORY: CLASSIFICATION

TARIFF NO.: 2104.10.0020

Mr. Shachar Gat
Shonfeld’s USA, Inc.
3100 S. Susan Street
Santa Ana, CA 92704

RE: The tariff classification of soup mixes from China.

Dear Mr. Gat:

In your letter dated June 14, 2007, you requested a tariff classification ruling.

Samples, ingredients breakdowns and pictorial literature were submitted with your letter. The samples were examined and disposed of. Item SP-223101 Chef Soup Mix consists of a bottle, approximately 11-1/4 inches tall, filled with vegetable ingredients for soup, a package of spices, and a wooden spoon, packaged together for retail sale. Item SP-223101A Veggie Soup Mix consists of a bottle filled with a dehydrated mixture of carrot flakes, green onion flakes, green bell peppers, red bell peppers, and minced onion. The attached spice package contains a seasoning composed of parsley, basil, garlic powder, onion powder, salt, and pepper. Item SP-223101B Bean Soup Mix consists of a bottle filled with a mixture of white pinto beans, red kidney beans, yellow lentils, and green lentils. The attached spice package for this item consists of onion flakes, paprika, salt, mustard powder, garlic powder, parsley, carrot flakes, green onion flakes, green bell pepper, red bell pepper, and minced onion. To make the soups, the contents of the bottles and the packages of spices are combined with boiling water and allowed to simmer. To make the bean soup, the addition of tomatoes and oil is suggested.

The applicable subheading for item SP-223101 Chef Soup Mix (SP-223101A Veggie Soup Mix and SP-223101B Bean Soup Mix) will be 2104.10.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for soups and broths and preparations thereforedried. The rate of duty will be 3.2 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/.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (CFR Part 134). The samples you submitted do not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

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 Stanley Hopard at 646-733-3029.

Sincerely,

Robert B. Swierupski
Director,

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