CLA-2-14:OT:RR:NC:2:228

Mr. Mate Sebestyen
Customs Clearance International, Inc.
P.O. Box 300711
Jamaica, New York 11430-0711

RE: The tariff classification of briquettes from Israel

Dear Mr. Sebestyen:

In your letter dated April 18, 2011, on behalf of Green Flames LTD, Holon, Israel, you requested a tariff classification ruling.

A description of the manufacturing process accompanied your letter. Green Flame BBQ Briquettes are barbecue charcoal briquettes made from olive pomace, the solid residue remaining after the extraction of oil from the olive. The briquettes are made by crushing raw olive pomace, drying, mixing with adhesive, forming into blocks, carbonizing, re-crushing, mixing with adhesive again, forming into cube-shaped briquettes, drying and packing in 8.8 lb paper bags. In your letter, you suggested the product may fall in subheading 2702.10 or 2702.20, Harmonized Tariff Schedule of the United States (HTSUS), the provisions for lignite. Based on the product’s ingredient composition and the manufacturing processes, it will be classified elsewhere.

The applicable subheading for the Green Flame BBQ Briquettes will be 1404.90.9090, HTSUS, which provides for vegetable products not elsewhere specified or included … other … other … other. The duty rate will be free.

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/.

The importation of this merchandise may be subject to regulations or restrictions administered by the U.S. Department of Agriculture, Animal and Plant Health Division (APHIS) and/or the U.S. Food and Drug Administration. It is suggested you contact these agencies directly for further information.

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