The tariff classification of a flavoring from France

N199836 January 31, 2012 CLA-2-21:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 2106.90.9998 Mr. Thomas Miaskiewicz Sullivan & Lynch 56 Roland Street Boston, MA 02129-1223 RE: The tariff classification of a flavoring from France Dear Mr. Miaskiewicz: In your letter dated January 6, 2012, on behalf of Prova, Inc., Danvers, MA, you requested a tariff classification ruling. A sample, submitted with the letter, was examined and disposed of. You advised that on May 13, 2011, this office issued ruling number N138599 classifying Madagascar Bourbon Pure Vanilla US200; however, you further advised that since then Prova, France has changed the ingredients and formulation for this product. All importations of the US200 will have the following ingredients: 42.5% fructose syrup (29.75% fructose, 12.75% water), 37.5% glycerin, 15% water and 5% vanilla bean extractive. The revised US200 will be packaged in 33.8 fl. oz. containers for sale to food service distributors and for use by bakers and pastry chefs. The applicable subheading for the Madagascar Bourbon Pure Vanilla US200 (Revised Formulation) will be 2106.90.9998, Harmonized Tariff Schedule of the United States (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 the 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 website 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 Bruce N. Hadley, Jr. at (646) 733-3029. Sincerely, Thomas J. Russo Director National Commodity Specialist Division