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NY C88767

June 26, 1998

CLA-2-21:RR:NC:2:228 C88767


TARIFF NO.: 2106.90.9998

A.E. Mikhailin

D & M International

8785 Bay 16th Street #C6

Brooklyn, NY 11214

RE: The tariff classification of a food ingredient from Russia.

Dear Mr. Mikhailin:

In your letter dated May 14, 1998, you requested a tariff classification ruling.

The sample, submitted with your letter, was examined and, as you requested at a meeting with the National Import Specialist, is being returned. The product, called "MIDI", is a dark brown liquid, obtained by boiling mussel meat with hydrochloric acid, neutralizing the compound, boiling a second time, filtering, and packing in glass bottles. It can be ingested directly (1-3 tablespoons daily), diluted, or added to food such as gravy.

The applicable subheading for the "MIDI" will be 2106.90.9998, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or included...other...other...other. The rate of duty will be 7.6 percent ad valorem.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. §1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. §1304 are set forth in Part 134, Customs Regulations (19 C.F.R. Part 134). The sample you have submitted does not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

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.


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