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NY H85944




January 30, 2002

CLA-2-21:RR:NC:2:228 H85944

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9998

Ms. Julie A. Lyons
Tri-Port Clearance Corp.
366 Pearsall Ave.
Cedarhurst, NY 11516

RE: The tariff classification of caviar substitute from England.

Dear Ms. Lyons:

In your undated letter, received January 10, 2002, on behalf of Noble International Foods, Old Greenwich, CT, you requested a tariff classification ruling.

The samples submitted with your letter were examined and disposed of. Cavi Art brand is a caviar substitute made from seaweed alginates (80-85 percent), water, salt, stabilizer, sodium benzoate, potassium sorbate, citric acid, spices, and color. Powdered seaweed alginates and the other ingredients have undergone a heat treatment to produce a product that resembles sturgeon caviar. It is put up in glass jars containing 100 grams and plastic tubs containing 500 grams.

The applicable subheading for the caviar substitute will be 2106.90.9998, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or includedotherother. The rate of duty will be 6.4 percent ad valorem.

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 646-733-3029.

Sincerely,

Robert B. Swierupski
Director,

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