CLA-2-09:S:N:N7:231 811781

Mr. Morgan Okada
M. Bowers and Company, Inc.
521 Ala Moana Boulevard, #210
Honolulu, HI 96813

RE: The tariff classification of red pepper powder from China.

Dear Mr. Okada:

In your letter, dated June 13, 1995, you have requested a tariff classification ruling on behalf of your client, HNK, Inc., Honolulu, HI. The product is red pepper powder. The U.S. Customs Laboratory has determined that the submitted sample consists of pepper that has been mashed or macerated. The applicable subheading for the red pepper powder will be 0904.20.7300, Harmonized Tariff Schedule of the United States (HTS), which provides for pepper of the genus Piper; dried or crushed or ground fruits of the genus Capsicum (peppers) or of the genus Pimenta (e.g., allspice), fruits of the genus Capsicum or of the genus Pimenta (including allspice), dried or crushed or ground, of the genus Capsicum (including cayenne pepper, paprika and red pepper), other, ground, mixtures of mashed or macerated hot red peppers and salt. The rate of duty will be free.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177.

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Sincerely,

Jean F. Maguire
Area Director
New York Seaport