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NY I84023

July 31, 2002

CLA-2-19:RR:NC:2:228 I84023


TARIFF NO.: 1904.90.0120

Mr. Roy Leon
Ameritrans World Group, Inc.
7102 N.W. 50th Street
Miami, FL 33166-5636

RE: The tariff classification of fried rice from China.

Dear Mr. Leon:

In your undated letter, on behalf of Alfresh Foods, Inc., Fort Lauderdale, Florida, you requested a tariff classification ruling.

Ingredients breakdowns, a description of the manufacturing process, and photographs were submitted with your letter. Shrimp Fried Rice consists of 76.78 percent cooked rice, 5.80 percent shrimp, 3.84 percent peas, 3.10 onion juice, 2.87 percent carrots, 2.24 percent vegetable oil, 1.91 percent each of onions and corn, and less than one percent each of salt, oyster oil, and white pepper. The Vegetable Fried Rice is made from 62.40 percent cooked rice, 10.40 percent carrots, 10 percent cabbage, 4.20 percent sweet corn, 3.80 percent soy bean sauce, 3.20 percent scallions, 2.50 percent peas, 2.10 percent vegetable oil, 1.25 percent onions, and 0.15 percent salt. The Shrimp Fried Rice and Vegetable Fried Rice are imported frozen, in bulk, for repackaging in the United States.

The applicable subheading for the Shrimp Fried Rice and the Vegetable Fried Rice will be 1904.90.0120, Harmonized Tariff Schedule of the United States (HTS), which provides for cereals (other than corn or maize)) in grain form or in the form of flakes or other worked grains (except flour, groats, and meal), pre-cooked or otherwise prepared, not elsewhere specified or included otherfrozen. The rate of duty will be 14 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.


Robert B. Swierupski

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