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NY N024618

March 27, 2008



TARIFF NO.: 2106.90.9998

Mr. Paul Vroman
DHL Global Forwarding
2660 20th Street
Port Huron, MI 48060

RE: The tariff classification of a food ingredient from China.

Dear Mr. Vroman:

In your letter dated March 10, 2008, on behalf of Charles Bowman & Co., Holland, MI, you requested a tariff classification ruling.

A sample and a description of the manufacturing process were submitted with your letter. The sample was examined and disposed of. “Garlic Extract 200A” is an odorless fine off-white colored powder used as an ingredient in the manufacture of human food supplements. Raw garlic is ground into a paste and allowed to ferment. The nutritional components are extracted, filtered, concentrated, spray dried, sieved, sterilized and packed in plastic bags in drums.

In your letter you suggested the product should be classified in subheading 1302.19.4040, Harmonized Tariff Schedule of the United States (HTSUS), the provision for other vegetable saps and extracts. We disagree. Based on the ingredient composition and method of manufacture, it will be classified elsewhere.

The applicable subheading for this product will be 2106.90.9998, HTSUS, which provides for food preparations not elsewhere specified or includedother otherother. The rate of duty will be 6.4 percent 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/.

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 telephone number (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 Stanley Hopard at 646-733-3029.


Robert B. Swierupski

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