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NY 866092

AUG 15 1991

CLA-2-17:S:N:N1:232-866092

CATEGORY: CLASSIFICATION

TARIFF NO.: 1701.91.4000

Mr. Timothy C. Stanceu
Hogan & Hartson
Columbia Square
555 Thirteenth Street NW
Washington DC 20004-1109

RE: The tariff classification of a flavored drink mix from Canada.

Dear Mr. Stanceu:

In your letter dated August 9, 1991, on behalf of the Nestle Beverage Company, you requested a tariff classification ruling. This letter will be given confidential treatment based on the facts you supplied to support your claim for exemption from disclosure.

A sample was included with your request. The subject merchandise is a banana-flavored preparation to be used by the consumer to flavor milk. The product is in dry amorphous form, and will be imported packaged and labeled for retail sale. It is stated to contain 89.372 percent sugar, 10 percent Malto Dextrin, with added flavors, and small quantities of various other ingredients.

The applicable subheading for the banana-flavored drink mix 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 matter whether or not containing added coloring. The duty rate will be 6 percent ad valorem.

Goods classifiable under subheading 1701.91.4000, HTS, which have originated in the territory of Canada, will be entitled to a 4.2 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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