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NY 865051




July 12, 1991

CLA-2-09:S:N:N1:231 865051

CATEGORY: CLASSIFICATION

TARIFF NO.: 0712.90.4020; 0904.20.7000; 910.10.4000;

Mr. B. Felipe Morales-Bermudez F.
Frozen Bananas, S.A.
Av. La Paz No.434
Oficina 502 Miraflores
Lima 18, Peru

RE: The tariff classification of various dried powdered edible products from Peru

Dear Mr. Morales-Bermudez F.:

In your letter dated July 1, 1991 you requested a tariff classification ruling.

The products in question are described as follows: garlic, chili, ginger dried in a hot wind process and micropulverized into powders.

The applicable subheading for the garlic powder will be 0712.90.4020, Harmonized Tariff Schedule of the United States (HTS), which provides for dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared: garlic: powder or flour. The duty rate will be 35 percent ad valorem.

The applicable subheading for the dried chili powder will be 0904.20.7000, Harmonized Tariff Schedule of the United States (HTS), which provides for fruits of the genus Capsicum or of the genus Pimenta (including allspice) dried or crushed or ground: ground. The duty rate will be 11.2 cents per kilogram.

The applicable subheading for the dried ginger powder will be 0910.10.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices: ginger: ground. The duty rate will be 2.2 cents per kilogram.

When entered or withdrawn from warehouse for consumption, before the close of December 31, 1992, ground ginger will be subject to subheading 9903.10.12, HTSUSA, which provides for temporary modifications established pursuant to trade legislation. The modified rate of duty will be 1.7 cents per kilogram.

Articles classifiable under subheadings 0904.20.7000 and 0910.10.4000, HTS, which are products of Peru are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

Additional requirements may be imposed on these products by the Food and Drug Administration. You may contact the FDA at:

U.S. Food and Drug Administration
Division of Regulation Guidance
HFF 314, 200 c Street, S.W.
Washington, D.C. 20204

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

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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