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NY L80537

November 8, 2004

CLA-2-21:RR:NC:2:228 L80537


TARIFF NO.: 2103.90.8000; 2104.10.0020

Ms. Margaret Eckert
German Agricultural Marketing Board
42 Lehigh Lane
Hicksville, NY 11801

RE: The tariff classification of seasonings and soup mixes from Germany

Dear Ms. Eckert:

In your letter dated October 21, 2004, on behalf of Dr. Lange, Zamek, Germany, you requested a tariff classification ruling.

Seven samples eight ingredients breakdowns accompanied your letter. The samples were examined and disposed of. Bami Goreng, Nasi Goreng, Chop Suey, and Thai Curry are dry products consisting of dehydrated vegetable pieces mixed with a yellow-colored granular material. All contain salt, monosodium glutamate, lactose, sugar (not over 10 percent, by dry weight), vegetable fat, fungus, carrots, and flavor. Other ingredients, depending on the product, include flour, starch, yeast extract, ginger, leeks, curry, onions, coriander, garlic, celery, cabbage, chili, Laos powder, and spices. The mixes are packed for retail sale in foil pouches containing 40 grams, net weight, and are used as the flavoring ingredient in stir-fry dishes. Instant Chinese Tomato Soup is a dry, red-colored granular material mixed with small pieces of noodles and vegetables. Thai Curry Cream Soup and Instant Chcken Soup Malaysian Style are dry mixtures of a yellow-colored granular material with dehydrated vegetables and noodles. All contain sugar, starch, salt, noodles, maltodextrin, monosodium glutamate, spices, and flavor. Other ingredients include tomatoes, vegetable fat, chicken fat, chicken bouillon, vegetable stock, cabbage, celery, carrots, and leeks. The soup mixes are packed for retail sale in sealed pouches, three 22-gram pouches in a cardboard box. The addition of 150 milliliters of water to the contents of a pouch creates an instant soup.

The applicable subheading for the Bami Goreng, Nasi Goreng, Chop Suey, and Thai Curry will be 2103.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for mixed condiments and mixed seasoningsother. The rate of duty will be 6.4 percent ad valorem.

The applicable subheading for the Instant Chinese Tomato Soup, Thai Curry Cream Soup, and Instant Chcken Soup Malaysian Style will be 2104.10.0020, HTS, which provides for soups and broths and preparations therefordried. The rate of duty will be 3.2 percent ad valorem. However, the HTS has been modified by adding in numerical sequence the following superior text and subheading to subchapter III of chapter 99 to the HTS:

Articles the product of France or the Federal Republic of Germany:

9903.02.41 Soups and broths and preparations therefor (provided for in subheading 2104.10)

Under this provision, the instant soup preparations from Germany, classified under subheading 2104.10.0020, HTS, are subject to a 100 percent ad valorem rate of duty.

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

Your inquiry does not provide enough information for us to give a classification ruling on Instant Asian Vegetable Soup. Your request for a classification ruling should include a sample of this article. When this information is available, you may wish to consider resubmission of your request.

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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