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NY J85708

June 26, 2003

CLA-2-21:RR:NC:2:228 J85708


TARIFF NO.: 2106.90.9998

Mr. Ron Huntington
Service Packing Co. Ltd.
250 Southern Street
Vancouver, B.C.
Canada V6A 2P1

RE: The tariff classification of Salad Boosters from Canada.

Dear Mr. Huntington:

In your letters received April 21, 2003, and June 17, 2003, on behalf of Cappurro Marketing, LLC, you requested a tariff classification ruling.

Ingredients breakdowns and sample packaging were submitted with your April letter, and a description of the manufacturing process was submitted with your June letter. The product, Salad Booster, available in five different combinations, is a mixture of seeds, beans, raisins, cranberries, and/or nuts. The Western Blend contains roasted sunflower seeds, roasted soy beans, and golden raisins. The Southern Blend contains flaxseeds, Thomson raisins, and slivered roasted almonds. The Sierra Blend contains roasted pumpkinseeds, roasted soybeans, and Thompson raisins. The Harvest Blend contains roasted pumpkinseeds, flaxseeds, and slivered roasted almonds. And the California Blend contains flaxseeds, dried cranberries, and slivered roasted almonds. The blends are put up in plastic re-sealable pouches containing 150 grams, net weight. Directions on the package instruct the consumer on how to make a salad, and to sprinkle a tablespoon of Salad Booster on top for each person.

The applicable subheading for each type of Salad Booster will be 2106.90.9998, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or includedother otherother. The rate of duty will be 6.4 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 (CFR Part 134). The sample packages submitted do 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 646-733-3029.


Robert B. Swierupski

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