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NY I87819





October 30, 2002

CLA-2-11:RR:NC:2:231 I87819

CATEGORY: CLASSIFICATION

TARIFF NO.: 1107.10.0000

Mr. Jacques Poirier
Miller Produits Biologiques
64 Pointe Langlois
Laval, Qu├ębec H7L 3M5
Canada

RE: The tariff classification of ground, unroasted wheat malt from Canada.

Dear Mr. Poirier:

In your letter, which is undated and received in this office on October 22, 2002, you requested a tariff classification ruling.

The merchandise, Suprazyme® dietary supplements, is comprised of ground, unroasted wheat malt. The ingredients are 89 percent kamut, 7 percent rye, and 4 percent spelt. During the manufacturing process, grain is washed in a reservoir and disinfected with grapefruit seed extract. The reservoir is filled with water and the grain remains submerged for a period of 12 hours. After 12 hours have elapsed, the water is removed and the sprouting process begins. Every 12 hours, the grain is sprinkled with water for a few minutes. On the third day, the grain is placed in a dryer and it is dried at 115o Fahrenheit for a period of 14 hours. Upon completion of the drying process, the grain is milled and the resulting flour is packed in 500 gram, plastic jars.

The product, which contains vitamins B1, B2, B6, and B12, niacin, calcium, magnesium, iron, and zinc, is marketed as a food supplement.

The applicable subheading for ground, unroasted wheat malt will be 1107.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for malt, whether or not roasted, not roasted. The general rate of duty will be 0.3 cents per kilogram.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 Thomas Brady at (646) 733-3030.

Sincerely,

Robert B. Swierupski
Director

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