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NY 869257

DEC 6, 1991

CLA-2-18:S:N:N1:232-869257

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.90.0060

Mr. Todd Masters
Albert Uster Imports, Inc.
9211 Gaither Road
Gaithersburg, MD 20877

RE: The tariff classification of Carmoussa powder mix from Switzerland.

Dear Mr. Masters:

In your letter dated October 29, 1991 you requested a tariff classification ruling.

A sample was submitted with your original request dated October 11, 1991. The Carmoussa powder mix is stated to contain 33.99 percent sugar, 17.81 percent fat free cocoa powder, 15.37 percent vegetable fat, 10.00 percent dextrose, 7.98 percent lactose, 5.60 percent lactic acid esters, 3.22 percent milk protein, 3.00 percent cream powder, and small quantities of flavor and various other ingredients. The mix will be packaged in pouches of two kilograms net weight, with six pouches per case. The product will form an instant mousse when mixed with water and refrigerated.

The applicable subheading for the Carmoussa powder mix will be 1806.90.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for chocolate and other food preparations containing cocoa: other: subject to quotas established pursuant to section 22 of the Agricultural Adjustment Act, as amended...provided for in subheading 9904.60.60, HTS. The rate of duty will be 7 percent ad valorem.

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

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