CLA-2-9:RR:NC:SP:232 D83668

Ms. Eleanor N. Flach
117 East 37th Street #9C
New York, NY 10016

RE: The tariff classification of Coffee from Vietnam.

Dear Ms. Flach:

In your letter dated October 5, 1998, you requested a tariff classification ruling.

You submitted descriptive information with your request. The merchandise in question is stated to be whole roasted coffee beans which are not decaffeinated. The product may be imported in retail packages or in bulk.

The applicable subheading for the coffee beans, if packaged for retail sale, will be 0901.21.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for Coffee, whether or not roasted or decaffeinated; coffee husks and skins; coffee substitutes containing coffee in any proportion: Coffee, roasted: Not decaffeinated...In retail containers weighing 2 kg or less. The rate of duty will be free.

The applicable subheading for the coffee beans, if imported in bulk, will be 0901.21.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for Coffee, whether or not roasted or decaffeinated; coffee husks and skins; coffee substitutes containing coffee in any proportion: Coffee, roasted: Not decaffeinated...Other. The rate of duty will be free.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this 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 John Maria at 212-466-5730.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division