HQ 0087413 - Modification of Headquarters Ruling Letter 086457 - United States International Trade Commision Rulings

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HQ 087413

August 16, 1990

CLA-2 CO:R:C:G 087413 RFC

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.50

Mr. Clark D. Bien
Arbor Foods, Inc.
6070 West Maple Road, Suite 211
West Bloomfield, Michigan 48033

RE: Modification of Headquarters Ruling Letter 086457

Dear Mr. Bien:

In Headquarters Ruling Letter (HRL) 086457, dated May 8, 1990, we advised you that New York Ruling Letter (NYRL) 825889, dated December 18, 1987, and issued in response to your request for binding tariff classification rulings concerning four types of orange-flavored syrups, was revoked and that these syrups are properly classified under subheading 2106.90.50, HTSUSA and, consequently, subject to the quota restrictions of subheading 9904.60.60, HTSUSA.

In your October 16, 1987, letter of request, the four orange-flavored syrups for which classification rulings were requested were identified and described as follows:

Corn or Beet High Fructose Orange Juice
Sugar Corn Syrup 55 Concentrate

Formula 1 60% 30% 10%

Formula 2 60% 20% 20%

Formula 3 60% -- 40%

Formula 4 50% -- 50%

Upon review and reconsideration, we have determined that HRL 086457 was issued to you partly in error (1) because NYRL 825889 had already been properly and correctly revoked, in part, by HRL 084996 and HRL 084996A for the products identified as Formula 1 and Formula 2, and (2) because no classification ruling was ever issued that could be revoked for the product identified as Formula 4.

In light of the above, HRL 086457 is hereby revoked, in part, insofar as it reclassified the products identified as Formula 1 and Formula 2, and HRL 084996 and 084996A are hereby reinstated insofar as they classified the products identified as Formula 1 and Formula 2 under subheading 2106.90.5030, HTSUSA, and subject to the quota restrictions of 9904.50.20, HTSUSA. Moreover, HRL 086457 is also revoked, in part, insofar as it issued a classification ruling for the product identified as Formula 4. Finally, HRL 086457 is maintained, in part, insofar as it correctly classified the product identified as Formula 3 under subheading 2106.90.5050, HTSUSA, and subject to the quota restrictions of 9904.60.60, HTSUSA.

Sincerely,

John Durant, Director
Commercial Rulings Division

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