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NY N022020




February 1, 2008

CLA-2-7:OT:RR:NC:2:228

CATEGORY: CLASSIFICATION

TARIFF NO.: 0712.20.4000, 0712.90.4040, 1701.91.1000, 1701.91.3000

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

RE: The tariff classification of dried garlic and colored sugar from China.

Dear Mr. Barbella:

In your letters dated December 19, 2007, and January 11, 2008, you requested a tariff classification ruling.

Samples of three products were submitted with your first letter. Country of origin, component cost, and ingredient information accompanied your second letter. Market Pantry brand Minced Onion consists of dried minced onion put up in a plastic jar containing 2 ounces, net weight. Loretta brand Garlic Chips consists of dried minced garlic (large “chips”) packed in a 1.36-ounce glass bottle with a disposable plastic grinder top. The Festive Holiday Red and Green Sugar Cookie Decorator is composed of cane sugar crystals, confectioners glaze, color and carnauba wax.

The applicable subheading for the Market Pantry brand Minced Onion will be 0712.20.4000 Harmonized Tariff Schedule of the United States (HTSUS), which provides for dried vegetables, whole, cut, sliced, broken or in powder, but not further preparedonionsother. The rate of duty will be 21.3 percent ad valorem.

The applicable subheading for the Loretta brand Garlic Chips will be 0712.90.4040, HTSUS, which provides for dried vegetables, whole, cut, sliced, broken or in powder, but not further preparedgarlicother. The rate of duty will be 29.8 percent ad valorem.

The applicable subheading for the Festive Holiday Red and Green Sugar Cookie Decorator, if described in additional U.S. note 5 to chapter 17 and entered pursuant to its provisions, will be 1701.91.1000, HTSUS, which provides for cane or beet sugar and chemically pure sucrose in solid formother containing added coloring but not containing added flavoring matter. The rate of duty will be 3.6606 cents per kilogram less 0.020668 cents per kilogram for each degree under 100 degrees (and fractions of a degree in proportion) but not less than 3.143854 cents per kilogram. If not described in additional U.S. note 5 to chapter 17 and not entered pursuant to its provisions, the applicable subheading will be 1701.91.3000, HTSUS. The duty rate will be 35.74 cents per kilogram. In addition, products classified under subheading 1701.91.3000, HTSUS, may be subject to additional duties based on their value as described in subheadings 9904.17.08 to 9904.17.15, HTS.

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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