CLA-2-04:S:N:N1:229-868294

Mr. James G. Ekvall
23103 NE 29 Avenue
Ridgefield, WA 98642

RE: The tariff classification of edible BIRDS' NEST from Malaysia.

Dear Mr. Ekvall:

In your undated letter, received on October 29, 1991, you requested a tariff classification ruling.

The product in question is described as edible birds' nest from Malaysia. You state that these are the nests of the swift (Aerodramus fuci-phagus),--specifically, that part of the nest made up of the birds' saliva, which is mainly a water-soluble glycoprotein. These nests will be imported in their natural condition, without further processing, for use as a food product.

The applicable subheading for this edible BIRDS' NEST will be 0410.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Edible products of animal origin, not elsewhere specified or included. The rate of duty will be 2.5 percent ad valorem.

Importations of these products are subject to import regulations administered by various U.S. agencies. Information regarding applicable regulations administered by the Animal and Plant Health Inspection Service, U.S. Department of Agriculture, may be addressed to that Agency at the following location:

U.S. Department of Agriculture A.P.H.I.S., Veterinary Services Federal Building, Room 756 6505 Belcrest Road Hyattsville, MD 20782

telephone: (301) 436-7885 (Import/Export Products)

Information regarding applicable regulations administered by the U.S. Food and Drug Administration may be addressed to that Agency at the following location:

U.S. Food and Drug Administration Division of Regulatory Guidance HFF 314, 200 C Street, S.W. Washington, D.C. 20204

telephone: (202) 485-0237

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