The tariff classification of a food ingredient from France.

N047913 January 27, 2009 CLA-2-21:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 2106.90.9998 Ms. Irma Ruiz Logfret Inc. 101 Park Avenue Hoboken, NJ 07030 RE: The tariff classification of a food ingredient from France. Dear Ms. Ruiz: In your letters dated February 1, 2008, and December 8, 2008, on behalf on Expandscience Laboratories, you requested a tariff classification ruling. A sample and a description of the manufacturing process were submitted with your first letter. Additional information and another sample were submitted with your second letter. The samples were examined and disposed of. FASU1 Nutra is a gold-colored, oily paste composed of a mixture of avocado and soybean unsaponifiables and soybean oil. Avocado oil and unsaponifiables are extracted from avocados by pressing, distillation, and subsequent separation. Soybean oil and unsaponifiables are obtained by solvent extraction and separation. The unsaponifiables from the avocado and soybean are purified, deodorized, and blended with soybean oil to produce the final product. FASU1 Nutra will be used as an ingredient in dietary supplements. The applicable subheading for the FASU1 Nutra will be 2106.90.9998, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or included…other. The rate of duty will be 6.8 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 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. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division