CLA-2-09:S:N:N7:232 895734

Mr. Martin A. J. Blake
Markel Coffees
8557 Greenbelt Road - #104
Greenbelt, MD 20770

RE: The tariff classification of various coffees from Jamaica.

Dear Mr. Blake:

In your letter dated January 12, 1994, with additional information furnished by you in a letter dated March 3, 1994, you requested a tariff classification ruling.

Your query concerns the classification of various coffees from Jamaica, which you intend to import in containers or packets weighing 2 ounces, 6 ounces, 8 ounces, 12 ounces and 7 pounds each. The coffee will be in the form of green beans, roasted beans and ground coffee. The roasted coffees and grounds will be either with caffeine or decaffeinated. There will be no other ingredients.

The applicable subheading for the roasted beans and ground coffees, with caffeine, in 2 ounce, 6 ounce, 8 ounce and 12 ounce packets will be 0901.21.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for coffee, whether or not roasted or decaffeinated...coffee, roasted...not decaffeinated...in retail containers weighing 2 kg or less. The duty rate will be free. The applicable subheading for the roasted beans and ground coffees, with caffeine, in the 7 pound containers will be 0901.21.0060, HTS, which provides for coffee, whether or not roasted or decaffeinated...coffee, roasted...not decaffeinated...other. The duty rate will be free.

The applicable subheading for the roasted beans and ground coffees, without caffeine, in 2 ounce, 6 ounce, 8 ounce and 12 ounce packets will be 0901.22.0030, HTS, which provides for coffee, whether or not roasted or decaffeinated...coffee, roasted...decaffeinated...in retail containers weighing 2 kg or less. The duty rate will be free.

The applicable subheading for the roasted beans and ground coffees, without caffeine, in the 7 pound containers will be 0901.22.0060, HTS, which provides for coffee, whether or not roasted or decaffeinated ...coffee, roasted...decaffeinated...other. The duty rate will be free. Your inquiry does not provide enough information for us to give a classification ruling on the green beans. Your request for a classification ruling should include whether or not the beans are Arabica, and whether or not the coffee is decaffeinated.

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