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NY 809641

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May 24, 1995

CLA-2-21:S:N:N7:228 809641

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9500; 2106.90.9700

Mr. John M. Molsberry
Robert E. Landweer & Co.,
911 Western Avenue, Suite 208
Seattle, Washington 98104

RE: The tariff classification of a surimi ingredient from Canada.

Dear Mr. Molsberry:

In your letter dated April 21, 1995, on behalf of Western Basic Ingredient Ltd. of British Columbia, Canada, you requested a tariff classification ruling.

The product, called Surimi Cryoprotectant, is a crystalline blend of ten parts of Sorbitol and eight parts of cane sugar. It may also contain small amounts of calcium lactate, sodium tripoly phosphate or tetrasodium phosphate. The Surimi Cryoprotectant is added to minced fish to prevent the formation of ice crystals when the fish is frozen. The instant shipment will be packed in bags holding 18 kilograms.

The applicable subheading for the surimi ingredient, if imported in quantities that fall within the limits described in additional U.S. note 8 to chapter 17, will be 2106.90.9500 Harmonized Tariff Schedules of the United States (HTS), which provides for food preparations not elsewhere specified or included... other... other...other ...articles containing over 10 percent by dry weight of sugar described in additional U.S. note 3 to chapter 17...described in additional U.S. note 8 to chapter 17 and entered pursuant to its provisions. The rate of duty will be 10 percent. If the quantitative limits of additional U.S. note 8 to chapter 17 have been reached, the product will be classified in subheading 2106.90.9700, HTS, and dutiable at the rate of 33 cents per kilogram plus 9.8 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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See also:

• Tariff No.: 2106.90.95 - Food preps, nesoi, n/o 10% milk solids, o/10% sugar, descr. in add US note 3 to Ch.17, subject to add US note 8 to Ch. 17, not GN15
• Tariff No.: 2106.90.97 - Food preps, nesoi, n/o 10% milk solids, o/10% sugar, descr. in add US note 3 to Ch.17, not subject to add US note 8 to Ch. 17, not GN15