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NY N010499

May 21, 2007



TARIFF NO.: 3302.10.1000

Ms. Tanis Johnson, CCS
Newly Weds Foods Co.
450 Superior Blvd.
Mississauga, Ontario
L5T 2R9

RE: The tariff classification of NatureGuard™ Rosemary Extract Antioxi. B w/Sage from Canada

Dear Ms. Johnson:

In your letter dated April 26, 2007 you requested a tariff classification ruling. A sample was submitted with your ruling request and is being returned.

  Your inquiry concerns the classification of a product you describe as NatureGuard™ Rosemary Extract Antioxi. B w/Sage. The product consists of extracted rosemary and sage oleoresins produced by supercritical carbon dioxide extraction and standardized with propylene glycol and polysorbate 80. Once the rosemary oleoresin has undergone the extraction process, the filter cake is added to restore the tpa level. Celite 545 (silica) and ascorbic acid are added as processing aids. The extracted rosemary and sage oleoresins are produced in Canada. The ascorbic acid is produced in China and the propylene glycol, polysorbate 80 and celite 545 are produced in the U.S. NatureGuard™ Rosemary Extract Antioxi. B w/Sage is an oil and water dispersible liquid. The product is sold as a raw material, which will be primarily used as a flavoring component.

The applicable subheading for NatureGuard™ Rosemary Extract Antioxi. B w/sage will be 3302.10.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Mixtures of odoriferous substances and mixtures (including alcoholic solutions) with a basis of one or more of these substances, of a kind used as raw materials in industry: Other preparations based on odoriferous substances, of a kind used for the manufacture of beverages: Of a kind used in the food or drink industries: Not containing alcohol. 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/.

The Food and Drug Administration may impose additional requirements on this product. You may contact the FDA at:  5600 Fishers Lane, Rockville MD 20857 1-888-INFO-FDA (1-888-463-6332).

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 Stephanie Joseph at 646-733-3268.


Robert B. Swierupski

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