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NY N014858




August 6, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 2005.99.9700

Mr. Ernest Barbella
PHS Group
223 Underhill Blvd.
Syosset, NY 11791

RE: The tariff classification of garlic from China.

Dear Mr. Barbella:

In your letter dated July 23, 2007, you requested a tariff classification ruling.

A sample and a list of ingredients were submitted with your letter. The sample was examined and disposed of. The sample consists of chopped garlic in a solution of water, citric acid, salt, sodium benzoate and potassium sorbate. It is packed in a plastic bottle containing 32 ounces.

The applicable subheading for the garlic 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 acid, not frozen, other than products of heading 2006other vegetables and mixtures of vegetables... otherother. 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 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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