The tariff classification of mushroom concentrate and mushroom powder from the Netherlands.

N009737 May 8, 2007 CLA-2-20:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 2009.80.8031, 2009.80.8039, 2106.90.9998 Ms. Marian Clare UTC Overseas, Inc. 420 Doughty Blvd. Inwood, NY 11096 RE: The tariff classification of mushroom concentrate and mushroom powder from the Netherlands. Dear Ms. Clare: In your letter dated April 5, 2007, on behalf of Camerican International, New Jersey, you requested a tariff classification ruling. Samples, ingredients breakdowns, and descriptions of manufacturing processes were submitted with your letter. The samples were examined and are being returned to you as requested. Mushroom Concentrate – M 60 (57-63 Brix) is a dark brown-colored, thick liquid composed of 100 percent pure mushroom juice that has been filtered, pasteurized, and vacuum concentrated. It will be imported in 25-kg drums. The Spray Dried Mushroom Extract Powder is a light tan-colored powder composed of the juice extracted from mushrooms that has been pasteurized, centrifuged, concentrated (25 Brix), filtered, and spray-dried onto a maltodextrin carrier. The mushroom powder is said to be composed of 45 percent mushroom and 55 percent maltodextrin. It will be packed into bags containing 25 kilograms and 500 kilograms. The applicable subheading for the Mushroom Concentrate, when in airtight containers, will be 2009.80.8031, Harmonized Tariff Schedule of the United States (HTSUS), which provides for fruit juices (including grape must) and vegetable juices, not fortified with vitamins or minerals, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter…juice of any other single fruit or vegetable…vegetable juice…in airtight containers. The duty rate will be 0.2 cents per liter. If the containers are not airtight, the applicable subheading for the Mushroom Concentrate will be 2009.80.8039, HTSUS, which provides for fruit juices (including grape must) and vegetable juices, not fortified with vitamins or minerals, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter…juice of any other single fruit or vegetable…vegetable juice…other. The duty rate will be 0.2 cents per liter. The applicable subheading for the Spray Dried Mushroom Extract Powder will be 2106.90.9998, HTSUS, which provides for food preparations not elsewhere specified or included...other...other... 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/. 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. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division