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NY 885005



May 12, 1993

CLA-2-11:S:N:N7:231 885005

CATEGORY: CLASSIFICATION

TARIFF NO.: 1101.00.0010; 1101.00.0020

Mr. Joseph Zaffran
Trans-Border Customs Services, Inc.
656 Elmwood Avenue, Suite 200
Buffalo, NY 14222

RE: The tariff classification of wheat flour from Canada.

Dear Mr. Zaffran:

In your letter dated April 12, 1993 you requested a tariff classification ruling.

Assuming that the merchandise meets the parameters of starch and ash contents that are set forth in Chapter 11, Notes 2 (A) (a) and (b), HTS (wheat must have, by weight of the dry product, a starch content exceeding 45 percent, as determined by the modified Ewers polarimetric method, and an ash content not exceeding 2.5 percent, after deduction of any added minerals), the applicable subheading for "Atta Flour" will be 1101.00.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for wheat or meslin flour, hard spring wheat. The rate of duty will be 1.1 cents per kilogram.

The applicable subheading for "No. 1 Fine Golden Temple Chappati Flour" and "Golden Temple Chappati Flour Enriched" will be 1101.00.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for wheat or meslin flour, durum wheat. The rate of duty will be 1.1 cents per kilogram.

Goods classifiable under subheadings 1101.00.0010, HTS, and 1101.00.0020, HTS, which have originated in the territory of Canada, will be entitled to a 0.5 cents per kilogram rate of duty under the United States-Canada Free-Trade Agreement 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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