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NY N023837

March 3, 2008



TARIFF NO.: 1212.99.9100

Mr. David Aitken
Intaloc, Inc.
911 Lincoln Blvd #6
Santa Monica, CA 90403

RE: The tariff classification of dried wheatgrass sprout powder from Australia

Dear Mr. Aitken:

In your letter dated February 25, 2008, you requested a tariff classification ruling.

The subject merchandise is described as dried wheatgrass sprout powder, grown and packaged in Australia. The wheatgrass is hydroponically grown from organic seed and then dried and processed to a raw powder form. The product is vacuum packed in a foil pack, net weight 100 grams. It is intended for use as a dietary supplement.

The applicable subheading for the product, dried wheatgrass sprout powder, will be 1212.99.9100, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Locust beans, seaweeds and other algae, sugar beet and sugar cane, fresh, chilled, frozen or dried, whether or not ground; fruit stones and kernels and other vegetable products (including unroasted chicory roots of the variety Cichorium intybus sativum) of a kind used primarily for human consumption, not elsewhere specified or included: Other: Other: Other. The rate of duty will be free.

 With regard to country of origin marking requirements, the following is provided as general information: The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S., the English name of the country of origin of the article (e.g., "Product of Australia").

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 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).

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 Frank Troise at 646-733-3031.


Robert B. Swierupski

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