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NY R01807

May 16, 2005

CLA-2-09:RR:NC:NC:232 R01807


TARIFF NO.: 0901.21.0030

Ms. Emma Hipwell
O’Carroll’s Irish Epicurean Trading, Ltd. Blainroe Upper

RE: The tariff classification of Coffee from Ireland

Dear Ms. Hipwell:

In your letter dated April 15, 2005, on behalf of Bewley’s. Ltd., you requested a tariff classification ruling.

You submitted descriptive literature and product photographs with your request. The subject merchandise is coffee and tea that will be imported for retail sale. The coffee is described as freshly ground, and will be imported in sealed foil bags weighing 227 grams, net. The consumer adds hot water, with or without milk and sugar, to produce a beverage.

The tea product is described as a cardboard box containing a blend of loose tealeaves in a bag. The box is said to weigh 250 grams.

The applicable subheading for the ground coffee will be 0901.21.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for Coffee, whether or not roasted or decaffeinated; Coffee, roasted: Not decaffeinatedIn retail containers weighing 2 kg or less. The duty rate will be free.

Your inquiry does not provide enough information for us to give a classification ruling on the tea. Your request for a classification ruling should include the type of tea (green, black, herbal), including genus and species. You must also supply the composition of the bag holding the tealeaves. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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 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 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 John Maria at (646) 733-3031.


Robert B. Swierupski

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