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NY 808162




March 30, 1995

CLA-2-21:S:N:N7:228 808162

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9973

Ms. Debra Guillow
Examer Customs Brokers
Peace Bridge Plaza Suite 311
Buffalo, NY 14213

RE: The tariff classification of a liquid beverage base from Canada

Dear Ms. Guillow:

In your letter dated March 16, 1995, on behalf of Flavour Essence Products, Inc., Mississauga, Ontario, Canada, you requested a tariff classification ruling.

An ingredients breakdown and a copy of the product label were submitted with your letter. The product is described as a lemonade syrup, product no. 8155, and is composed of 53.5 percent water, 37.5 percent fructose, and 9 percent "other" ingredients, identified on the label as citric acid, natural and artificial flavors, sodium citrate, gum, sodium benzoate, and artificial flavor. The label also indicates the article will be packed in a container holding 3 gallons. The product is a beverage base. It will create a lemonade drink after mixing with water.

The applicable subheading for this product will be 2106.90.9973, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or included...other...other...preparations for the manufacture of beverages...other. The general rate of duty will be 9.4 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
Area Director
New York Seaport

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