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NY 854830

AUG 02 1990

CLA-2-17:S:N:N1:232-854830

CATEGORY: CLASSIFICATION

TARIFF NO.: 1701.91.4000

Mr. William J. Maloney
Rode & Qualey
Attorneys at Law
295 Madison Avenue
New York, NY 10017

RE: The tariff classification of various powdered beverage mixes from Canada.

Dear Mr. Maloney:

In your letter dated July 24, 1990, on behalf of your client, Kraft General Foods, Inc., and its subsidiary, General Foods Corporation, 250 North Street, White Plains, NY 10625, you requested a tariff classification ruling.

Your query concerns the classification of four brands of powdered beverage mixes which will be imported from Canada in various flavors and package sizes, and which are intended to be sold at retail and to airlines, hotels, restaurants and other institutional users. Five samples were included with your request. The samples were opened, examined and disposed of. All of the products contain over 85 percent by weight of sugar. In addition to sugar, they contain acids, flavor, color and other ingredients which may include gums, emulsifiers, preservatives, vitamins, neutralizing agents and stabilizers. The packaging material may consist of paper, foil or plastic envelopes, glass jars or cylindrical containers, having net weights ranging between approximately six ounces and thirty ounces. Country Time mix will be imported in lemonade and pink lemonade flavors; Kool-Aid will be imported primarily in tropical punch, grape, cherry and orange flavors; Twist will be imported primarily in grape, lemonade, punch, orange and pink lemonade flavors; Tang will be imported in natural orange flavor. The products as imported are complete and require only the addition of water to make a beverage.

The applicable subheading for the beverage mixes will be 1701.91.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for cane or beet sugar and chemically pure sucrose, in solid form...other...containing added flavoring or coloring matter...containing added flavoring matter whether or not containing added coloring. The duty rate will be 6 percent ad valorem. Currently, these products are not subject to any quota restrictions.

Goods classifiable under subheading 1701.91.4000, HTS, which have originated in the territory of Canada, will be entitled to a 4.8 percent ad valorem rate of duty under the United States- Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

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

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