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NY A82977




July 1, 1996

CLA-2-19:RR:NC:FC:228 A82977

CATEGORY: CLASSIFICATION

TARIFF NO.: 1901.90.9095

Ms. Gwendolyn B.Karpus
Robert G. Marshall
P.O. Box 40082
Jacksonville, FL 32203

RE: The tariff classification of mesquite powder from Peru

Dear Ms. Karpus:

In your letter dated April 23, 1996, on behalf of Friends of Pronatura, Inc., Tucson, AZ, you requested a tariff classification ruling.

A sample, submitted with your letter, was forwarded to the U.S. Customs laboratory for analysis. "Mesquite Powder" is a tan-colored, granular product, with a very fine particle size, said to be made from the bean pods of the mesquite tree, Prosopis pallida, known as algarroba in South America. The whole pods are dried to approximately five percent moisture content, ground in a hammer mill, the seed coat is discarded, and the remaining powder is packed for retail sale in clear plastic bags. Mesquite powder is described as a high-protein, nutrient-rich food, suitable for use in baking, sauces, casseroles, soups, and gravies.

The applicable subheading for the mesquite powder will be 1901.90.9095, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations of flour, meal, starch or malt extract...not elsewhere specified or included... other...other...other. The rate of duty will be 8.8 percent ad valorem.

Articles classifiable under subheading 1901.90.9095, HTS, which are products of Peru, are entitled to duty free treatment under the Andean Trade Preference Act (ATPA), upon compliance with all applicable regulations.

The importation of this merchandise may be subject to restrictions imposed by the United States Department of Agriculture and/or Food and Drug Administration. It is suggested you contact these agencies directly for further information.

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 212-466-5760.

Sincerely,

Roger J. Silvestri
Director

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