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NY 807382




February 28, 1995

CLA-2-17:S:N:N7:232 807382

CATEGORY: CLASSIFICATION

TARIFF NO.: 1701.91.5400; 1701.91.5800

Mr. John S. Rode
Rode & Qualey
295 Madison Avenue
New York, NY 10017

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

Dear Mr. Rode:

This is a supplement to Ruling No. NY 805860 dated January 25, 1995. The ruling issued to you indicated that products classified in subheading 1701.91.5800 will be subject to additional duties based on their value, as described in subheadings 9904.17.49 to 9904.17.56, HTS. Chapter 99, Subchapter IV, U.S. Note 1 of the Harmonized Tariff Schedule of the United States (HTS) indicates that goods of Canada (except wheat) are not subject to the additional duties of heading 9904, HTS. Therefore, the powdered beverage mixes, if classifiable under subheading 1701.91.5800, are not subject to any additional duties under subheadings 9904.17.49 to 9904.17.56. All other facts stated in the ruling remain unchanged.

This supplement should be included whenever Ruling No. NY 805860 is presented.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport

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