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NY 810310



May 24, 1995

CLA-2-21:S:N:N7:228 810310

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.5870

Mr. Gregory Kozak
Canadian Blending & Processing, Inc.
P.O. Box 7279
Windsor, Ontario N9C 4E9

RE: The tariff classification of a gelatin based sugar "paste" from Canada.

Dear Mr. Kozak:

In your letter dated April 26, 1995 you requested a tariff classification ruling.

An ingredient breakdown and a sample were submitted with your letter. The sample was examined and disposed of. The product is a firm, spongy, marshmallow-like product which is a blend of 83 percent sucrose, 8 percent gelatin, 8 percent water and 1 percent maltodextrin. It will be imported in cardboard containers weighing greater than 20 kilograms and sold to manufacturers in the food industry to be used in the manufacture of desserts.

The applicable subheading for the gelatin based sugar "paste" will be 2106.90.5870, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or included... other...of gelatin...other... containing sugar derived from sugar cane or sugar beets. The duty rate will be 5.8 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

Sincerely,

Jean F. Maguire
Area Director
New York Seaport

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