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NY N010511





May 21, 2007

CLA-2-33:RR:NC:2:240

CATEGORY: CLASSIFICATION

TARIFF NO.: 3302.10.1000

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

RE: The tariff classification of NatureGuard™ Rosemary Extract B gmo free 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 B gmo free. The product consists of extracted rosemary oleoresin produced by supercritical carbon dioxide extraction and standardized with propylene glycol and polysorbate 80. Celite 545 (silica) and ascorbic acid are added as processing aids. The extracted rosemary oleoresin is produced in Canada. The propylene glycol, polysorbate 80 and celite 545 are produced in the U.S. and the ascorbic acid is produced in China. NatureGuard™ Rosemary Extract B gmo free 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 B gmo free 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.

Sincerely,

Robert B. Swierupski
Director,

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