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NY N025088




April 1, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 2104.10.0060

Mr. Scott C. Dustin
OnTech Operations, Inc.
15910 Bernardo Center Dr.
San Diego, CA 92127

RE: The tariff classification of soups in self-heating containers.

Dear Mr. Dustin:

In your letter dated March 12, 2008, you requested a tariff classification ruling.

Product specification sheets, ingredients breakdowns, technical drawings, samples, and images of the products, labels, and store displays were submitted with your letter. The samples were examined and disposed of. The products are soups in retail-sized self-heating containers holding 9.5 fluid ounces. Hillside brand Tomato Vegetable soup is reddish-brown in color and made from water, tomato paste, carrot, celery, onion, garlic juice, maltodextrin, sugar, salt, onion powder, garlic powder, hydrolyzed vegetable protein, vegetable oil, dehydrated carrot, dehydrated celery, sodium tripolyphosphate and spices. The Classic Chicken soup is yellowish-brown colored and consists of chicken broth, maltodextrin, sugar, salt, dehydrated chicken meat, monosodium glutamate, dehydrated carrot, dehydrated celery, dehydrated celery, and sodium tripolyphosphate. Heating is caused by a chemical reaction between calcium oxide and water within the container walls. The reaction is triggered by the consumer depressing a button on the container and shaking the product.

The applicable subheading for the soups will be 2104.10.0060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for soups and broths and preparations thereforeotherother.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

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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