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NY 844529




SEPTEMBER 20,1989

CLA-2-11:S:N:N1:231

CATEGORY: CLASSIFICATION

TARIFF NO.: 1104.22.00

Ms. Alana Henuset
B.P.Kent Flour Mills Ltd.
116 King Street
Virden, Manitoba ROM 2COM
Canada

RE: The tariff classification of oat bran from Canada.

Dear Ms. Henuset:

In your letter dated July 26,1989, you requested a tariff classification ruling.

The sample of oat bran submitted by your office, as analyzed by the laboratory of the U.S. Customs Service, indicated the following: starch content: 61.8 percent by weight, ash content: 2.0 percent by weight, 10.7 percent passing through a sieve with an aperture of 315 micrometers and 83.1 percent passing through a sieve with an aperture of 1.25 millimeters.

The applicable subheading for oat bran with the stated specifications will be 1104.22.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other worked cereal grains. The rate of duty will be 2 percent advalorem.

Goods classifiable under subheading 1104.22.0000, HTS, which have originated in the territory of Canada, will be entitled to a 1.8 percent advalorem 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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