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NY M86441

October 13, 2006

CLA-2-20:RR:NC:2:228 M86441


TARIFF NO.: 2005.90.2000

Mr. Min Hong
Vandegrift Forwarding Co. Inc.
249 E. Ocean Boulevard, Suite 906
Long Beach, CA 90802

RE: The tariff classification of agglomerated onion powder from China.

Dear Mr. Hong:

In your letter dated September 11, 2006, on behalf of Harmoni International Spice Inc., you requested a tariff classification ruling.

A sample, an ingredients breakdown and a description of the manufacturing process were submitted with your letter. The sample is being returned as per your request. AGG Onion Powder, “agglomerated onion”, is an off-white colored, free flowing powder consisting of 88.5 percent dehydrated onion powder, 5 percent water, 4 percent corn starch, 1 percent Arabic gum, 1 percent silicon dioxide, and 0.5 percent citric acid. Raw onions are sliced into rings, dehydrated, powdered, combined with the other ingredients, and agglomerated by spray drying and pressurizing to achieve larger granule size. The product is packed in bag-in-boxes for industrial use or for repacking.

The applicable subheading for the AGG Onion Powder will be 2005.90.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006other vegetables and mixtures of vegetablesonions. The rate of duty will be 4.5 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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).

Harmonized Tariff Schedule of the United States is expected to be amended effective 1/1/07. The amendments are expected to affect the classification of your merchandise. Pursuant to Section 3005 c, the report recommending those changes has been sent to the President for proclamation of the changes. Upon the expiration of sixty legislative days, in the absence of Congressional action, the recommended changes will become law. Accordingly based on that recommendation, it is anticipated that your merchandise will be classified in 2005.99.2000 under the 2007 Harmonized Tariff Schedule. Under the circumstances, this classification under the 2007 tariff is advisory only.

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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