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NY N014823

August 17, 2007



TARIFF NO.: 3203.00.1000

Mr. Terence L. Childs
Fonterra (USA) Inc.
100 Corporate Center Drive
Suite 101
Camp Hill, PA 17011

RE: The tariff classification of annatto color mixtures A and B from New Zealand

Dear Mr. Childs:

In your letter dated July 24, 2007 you requested a tariff classification ruling.

Your state in your letter that the annatto color mixtures A and B are prepared by blending a concentrated annatto suspension of annatto extract suspended in sunflower oil with anhydrous milk fat to obtain color mixtures of the appropriate strength that facilitate their use as colorants in food products. You state that the annatto suspension will typically be between 0 .8% and 2.0 % of the final color mixture.

The applicable subheading for the annatto color mixtures will be 3203.00.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Coloring matter of vegetable or animal origin (including dyeing extracts but excluding animal black), whether or not chemically defined; preparations as specified in note 3 to this chapter based on coloring matter of vegetable or animal origin; Annatto, archil, cochineal, cudbear, litmus, logwood and marigold meal. 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/.

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 Debra Wholey at 646-733-3034.


Robert B. Swierupski

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