CLA-2-21:RR:NC:2:238 C80211

Ms. Erika Dominguez
Zetapharm, Inc.
70 West 36th Street
New York, NY 10018-8007

RE: The tariff classification of inactive brewers' yeast from Croatia

Dear Ms. Dominguez:

In your letter dated September 26, 1997, you requested a tariff classification ruling.

The subject product is described in your letter as inactive brewers' yeast, which will be used as a food additive. The Certificate of Analysis, submitted with your request, describes the product as "Crude Inactive Yeast - Mini Flake".

The applicable subheading for the subject product will be 2102.20.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Yeasts (active or inactive); other single-cell microorganisms, dead (but not including vaccines of heading 3002); prepared baking powders: Dried brewers' yeast, crude." The rate of duty will be free.

This merchandise may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (301) 443-6553.

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 Cornelius Reilly at 212-466-5770.


Sincerely,

Robert B. Swierupski
Director, National Commodity
Specialist Division