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NY A85716

September 17, 1996

CLA-2-33:RR:NC:FC:240 A85716


TARIFF NO.:3302.10.9000

Ms. Rosane Zambrano
I.L.S., Inc.
215 Long Beach Blvd., Suite 321
Long Beach, CA 90802

RE: The tariff classification of Vanilla Natural Flavour 44/19223 and Bourbon Vanilla Extract 44/19115 from France

Dear Ms. Zambrano:

In your letter dated June 30, 1996, you requested a tariff classification ruling on behalf of your client Tripper, Inc.

Bourbon Vanilla Extract 44/19115 is a vanilla oleoresin containing over 20% ethyl alcohol. The Vanilla Natural Flavour 44/19223 is a vanilla oleoresin containing over 20% ethyl alcohol, sugar and tragacanth gum. Based on your literature, both products will be used as food flavorings.

The applicable subheading for the Bourbon Vanilla Extract 44/19115 will be 3302.10.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for mixtures of odoriferous substances and mixtures (including alcoholic solutions) with a basis of one or more of these substances, of a kind used as raw materials in industry; other preparations based on odoriferous substances, of a kind used for the manufacture of beverages: of a kind used in the food or drink industries: containing alcohol: containing over 20 percent of alcohol by weight: other. The rate of duty will be 3.8 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the Vanilla Natural Flavour 44/19223. Your request for a classification ruling should include the complete chemical breakdown by percentage by weight of each component. Also, please explain the purpose for the addition of the sugar and tragacanth gum.

This product may be subject to the regulations of the Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (202) 443-3380.

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 Stephanie Joseph at 212-466-5768.


Roger J. Silvestri

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