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NY L84668

May 25, 2005

CLA-2-21:RR:NC:2:228 L84668


TARIFF NO.: 2103.90.8000

Mr. Richard Wohlrab
LE Coppersmith Inc.
145 Hook Creek Blvd.
Valley Stream, NY 11581

RE: The tariff classification of seasonings from India.

Dear Mr. Wohlrab:

In your letter dated May 2, 2005, on behalf of Liberty Richter, Saddle Brook, NJ, you requested a tariff classification ruling.

Six samples submitted with your letter were examined and disposed of. The products are retail-packed food preparations, in the form of a soft paste, put up in pouches, in boxes containing 100g, net weight. Two products also include a packet of dried herbs and spices. Fish Curry Paste consists of onion, garlic, sunflower oil, spices, ginger, tomato paste, salt, lemon juice, water, garlic powder, and dried curry leaves. The Lamb Curry Paste contains onion, garlic, tomato paste, sunflower oil, spices, ginger, salt, and water. Butter Chicken Curry Paste contains tomato paste, sunflower oil, water, onion, spices, garlic, gram flour, sugar, salt, skimmed milk powder, ginger, melon seeds, cashew nut, and paprika oleoresin. Chicken Curry Paste consists of onion, sunflower oil, garlic, spices, ginger, tomato paste, salt, and water. Hyderabadi Biryani Curry Paste contains onion, ginger, sunflower oil, spices, garlic, green chilis, salt, shreaded coconut, and lemon juice. Vegetable Curry Paste contains onion, ginger, tomato paste, spices, sunflower oil, salt, water, and garlic.

Package instructions direct the user to add water to the Chicken Curry Paste, Butter Chicken Curry Paste, Lamb Curry Paste, and Fish Curry Paste, mix with meat or fish, and simmer. The Vegetable Curry Paste and the Hyderabadi Biryani Curry Paste are mixed with yogurt and used as a marinade for vegetables or chicken, after which water and the contents of a spice pouch are added, and the mixture is cooked.

The applicable subheading for the Fish Curry Paste, Lamb Curry Paste, Butter Chicken Curry Paste, Chicken Curry Paste, Hyderabadi Biryani Curry Paste, and Vegetable Biryani Paste will be 2103.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for mixed condiments and mixed seasoningsotherotherother. The rate of duty will be 6.4 percent ad valorem.

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.

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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