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NY N016077

August 30, 2007



TARIFF NO.: 1008.90.0040

Mr. Albert Henry Schmaedick
Lisu Hill Tribe Farmer’s Coop
76 Nong Thong, Moo. 7
Soppong, Mae Hong Son 58150

RE: The tariff classification of Job’s Tears from Thailand.

Dear Mr. Schmaedick:

In your letter dated August 21, 2007, you requested a tariff classification ruling.

The ruling was requested on Job’s Tears, which are the bead-like cereal grains produced by the tropical grass plant having the botanical name Coix lacryma-jobi. You state that the grains are used in bead work to make jewelry, and are also cooked as a cereal, made into flour for bakery goods, and prepared as a drink (dairy-milk substitute). You state further that the Job’s Tears will be imported in the form of unprocessed “raw seeds” averaging about 5 mm in individual diameter. For the purposes of this ruling, we assume this means that the hulls of the grains will still be present and intact.

The applicable subheading for the above-described unprocessed Job’s Tears will be 1008.90.0040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other (non-enumerated) cereals. The rate of duty will be 1.1% 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/.

Pursuant to section 134.33 of the Customs Regulations (19 CFR 134.33), natural products such as the subject Job’s Tears grains are not required to be individually marked with their country of origin. However, whenever such products are imported in containers, the outermost containers in which the goods ordinarily reach the ultimate purchaser are required to be marked to indicate the origin of the contents (e.g., “Product of Thailand”). If the goods are intended to be repacked in new containers for sale to ultimate purchasers after their release from Customs custody, the certification procedures outlined in section 134.25 of the Customs Regulations (19 CFR 134.25) must be followed.

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.

These goods may be subject to regulations or restrictions administered by the U.S. Department of Agriculture, Animal and Plant Health Division (APHIS). You may contact this agency regarding possible applicable regulations at the following location:

U.S. Department of Agriculture
Plant Protection and Quarantine Permit Unit 4700 River Road, Unit 136
Riverdale, MD 20737-1236
Telephone number: 877-770-5990
Web site: www.aphis.usda.gov/

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 Nathan Rosenstein at 646-733-3030.


Robert B. Swierupski

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