The tariff classification of food flavorings from Thailand

N162856 May 11, 2011 CLA-2-21:OT:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 2103.90.8000 Mr. Warunee Sarasas Eastland Food Corporation 9475 Gerwig Lane Columbia, MD 21046 RE: The tariff classification of food flavorings from Thailand Dear Mr. Sarasas: In your letter dated April 27, 2011 you requested a tariff classification ruling. Ingredients breakdowns and production flow charts for five products, and images of three articles were submitted with your letter. The Maesri brand curry pastes are food flavoring preparations packaged for retail sale, two in plastic pouches inside a canister, three put up in metal cans. Namya Curry Paste, in a 14-ounce retort pouch, is composed of 43 percent fingerroot, 14 percent garlic, 13 percent dried red chilies, 10 percent salt, 8 percent shallot, 7 percent lemongrass, 3 percent sugar, one percent Kaffir lime, and less than one percent, each, of galangal, spices (coriander, cumin, cardamom) and citric acid. Masaman Curry Paste, in a one-kilogram retort pouch, consists of 22 percent garlic, 20 percent sugar, 15.2 percent soybean oil, 13 percent dried red chilies, 11 percent tamarind juice, 5.5 percent shallot, 5.5 percent salt, 3.3 percent lemongrass, 2 percent spices (coriander, cumin, cardamom, cinnamon, bay leaves, galanga, cloves), 1.5 percent Kaffir lime, and one percent galangal. Red Curry Paste, Green Curry Paste, and Yellow Sour Curry Paste, are packed in cans containing 4 ounces, net weight. Red Curry Paste is composed of 35 percent dried red chilies, 25 percent garlic, 20 percent shallot, 7 percent salt, 6 percent lemongrass, 3 percent sugar, 2 percent Kaffir lime, one percent galangal, and one percent spices (coriander, cumin, cardamom). Green Curry Paste consists of 40 percent green chilies, 22 percent garlic, 11.5 percent ginger, 7.5 percent shallot, 7 percent lemongrass, 6 percent salt, 2 percent Kaffir lime, 1.5 percent sugar, one percent galangal, one percent spices (coriander, cumin, cardamom, turmeric, and 0.5 percent pepper. Yellow Sour Curry Paste contains 35 percent cobia fish, 33.5 percent tamarind juice, 14 percent dried red chilies, 8 percent salt, 4 percent sugar, 3.5 percent turmeric, and 2 percent monosodium glutamate. The applicable subheading for these products will be 2103.90.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for mixed condiments and mixed seasonings… other. 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/. Articles classifiable under subheading 2103.90.8000, HTSUS, which are products of Thailand may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term “GSP”. 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