CLA-2-21:S:N:N1:228

Mr. Steve DeCastro
All-Ways Forwarding International, Inc.
Hemisphere Center
U.S. Route 1-9 South
Newark, NJ 07114

RE: The tariff classification of congee from Taiwan

Dear Mr. DeCastro:

In your letter dated May 8, 1992, on behalf of Tai Wing Hong Importer, Inc., you requested a tariff classification ruling.

A sample accompanied your letter, was opened, examined, and disposed of. The product, "Mixed Congee in Syrup," is a ready to eat food in the form of a thick liquid containing a large quantity of nuts, grains, fruits, and vegetables. The stated ingredients are wheat flake, glutinous rice, mung beans, peanuts, red beans, millet, peas, longans, sugar, and water. The product is packed in a pull-top metal can with a plastic lid, in which is stored a collapsible plastic spoon. The applicable subheading for the congee will be 2104.10.0060, HTS, Harmonized Tariff Schedule of the United States (HTS), which provides for soups and broths...other...other. The rate of duty will be 7 percent ad valorem.

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