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NY G84385




November 27, 2000

CLA-2-13:RR:NC:2:238 G84385

CATEGORY: CLASSIFICATION

TARIFF NO.: 1302.19.9040

Mr. Joseph A. Veiga
Ashland Inc.
P.O. Box 2219
Columbus, OH 43216

RE: The tariff classification of Shiitake Extract Powder, imported in bulk form, from Germany

Dear Mr. Veiga:

In your letter dated September 19, 2000, resubmitted on November 13, 2000, you requested a tariff classification ruling.

The subject product, referred to as Shiitake Extract Powder, consists of a powdered extract of Shiitake mushrooms (Lentinus edodes). It is characterized on the Material Safety Data Sheets (MSDS) as a free-flowing powder, light-brownish in color, with a “characteristic mushroom odour.” According to Ashland’s original letter, the product is intended for use in “nutritional/health foods.”

The applicable subheading for the subject product will be 1302.19.9040, Harmonized Tariff Schedule of the United States (HTS), which provides for "Vegetable saps and extracts: Other: Other: Other." The rate of duty will be free.

This merchandise may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number 301-443-1544.

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 Harvey Kuperstein at 212-637-7068.

Sincerely,

Robert B. Swierupski

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