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NY N020624




December 12, 2007

CLA-2-12:OT:RR:NC:232

CATEGORY: CLASSIFICATION

TARIFF NO.: 1212.99.9100

Mr. Merle I. Eiss
McCormick & Company, Inc.
18 Loveton Circle
Sparks, MD 21152-6000

RE: The tariff classification of dried lemongrass from Thailand

Dear Mr. Eiss:

In your letter dated November 1, 2007, you requested a tariff classification ruling.

The subject merchandise is dried lemongrass curls. It is packaged for retail sale in a 0.88 ounce glass mason jar. The lemongrass is grown and dried in Thailand. It is used as a flavor ingredient in Thai cuisine, such as soups or sauces. The botanical name for this plant is Cymbopogon Citratus.

The applicable subheading for the product, dried lemongrass curls, will be 1212.99.9100, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Locust beans, seaweeds and other algae, sugar beet and sugar cane, fresh, chilled, frozen or dried, whether or not ground; fruit stones and kernels and other vegetable products (including unroasted chicory roots of the variety Cichorium intybus sativum) of a kind used primarily for human consumption, not elsewhere specified or included: Other: Other: Other. The rate of duty will be free.

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 Frank Troise at 646-733-3031.

Sincerely,

Robert B. Swierupski
Director,

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