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NY 807383





February 28, 1995

CLA-2-17:S:N:N7:232 807383

CATEGORY: CLASSIFICATION

TARIFF NO.: 1701.91.5400; 1701.91.5800

Mr. Robert V. Tinkham
Chicago Sweeteners Incorporated
1700 Higgins Road
Suite 610
Des Plaines, IL 60018

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of powdered drink mixes from Canada; Article 509

Dear Mr. Tinkham:

This is a supplement to Ruling No. NY 806349 dated January 31, 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 drink 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 806349 is presented.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport

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