The tariff classification of prepared mustard from Norway

N083862 November 19, 2009 CLA-2-21:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 2103.30.4000 Mr. John-Arve Olsen Bergbys Kjøttforretning AS Kollskjeggvn. 1 3917 Porsgrun Norway RE: The tariff classification of prepared mustard from Norway Dear Mr. Olsen: In your undated letter, received September 24, 2009, and your letter dated October 26, 2009, you requested a tariff classification ruling. A list of ingredients and samples were submitted with your September letter. The samples were examined and disposed of. Bergbys brand prepared mustard consists of water, yellow and brown mustard seeds, vinegar, sugar, salt, caramel color, citric acid, spices, potassium sorbate, sodium benzoate, and beta carotene. The mustard is imported in plastic bottles with twist dispensing caps, containing 0.51 kilograms, net weight. The applicable subheading for the prepared mustard will be 2103.30.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for mustard flour and meal and prepared mustard…prepared mustard. The rate of duty will be 2.8 cents per kilogram. 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/. Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (CFR Part 134). The samples you have submitted do not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry. 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