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NY N005302




January 24, 2007

CLA-2-14:RR:NC:N2:228

CATEGORY: CLASSIFICATION

TARIFF NO.: 1404.90.0000

Mr. An Luong
An Farm
2228 South 21st Street
Philadelphia, PA 19145

RE: The tariff classification of frozen ya nang leaves from Vietnam

Dear Mr. Luong:

In your undated letter, received by this office on January 11, 2007, you requested a tariff classification ruling.

Descriptive literature and photographs accompanied your letter. The product is the leaves from the flowering plant Tiliacora triandra, commonly described as bai yanang, yanang or ya nang. The leaves are harvested, cleaned, and frozen. After importation the leaves will be used to extract a gelatin-like material used as a thickener or stabilizer in a variety of foods. The leaves themselves are not eaten.

The applicable subheading for the frozen ya nang leaves will be 1404.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for vegetable products not elsewhere specified or includedotherother. The rate of duty will be free.

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/.

Additional requirements may be imposed on this product by the United States Department of Agriculture and/or Food and Drug Administration. It is suggested you contact those agencies directly for further information.

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 C.F.R. 177).

Pursuant to title 19 United States Code, Section 3005 The Harmonized Tariff Schedule of the United States is in the process of being amended to reflect changes recommended by the World Customs Organization. The amendments are expected to affect the classification of your merchandise. On January 4, 2007, Presidential Proclamation 8097 containing these changes was published in the Federal Register. See 72 FR 453, Volume 72, No. 2. The proclaimed changes are effective for goods entered or withdrawn from warehouse for consumption on or after February 3, 2007. Once those changes are in effect, it is anticipated that your merchandise will be classified in 1404.90.9000, HTSUS.

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.

Sincerely,

Robert B. Swierupski
Director,

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