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NY 811834



July 12, 1995

CLA-2-21:S:N:N7:231 811834

CATEGORY: CLASSIFICATION

TARIFF NO.: 2105.00.5000

Mr. Tony Kehoe
SAAL Enterprises, Inc.
5 Parkway Forest Drive, Suite 1808
Willowdale, Ontario M2J 1L2
Canada

RE: The tariff classification of non-dairy ice products from the United Kingdom.

Dear Mr. Kehoe:

In your letter, dated May 31, 1995, you have requested a tariff classification ruling.

The products are eighteen non-dairy ice products. Palm oil is used in all the items. No cream or dairy fat is used in the products. The items are individually wrapped and packed. They are described thus:

1) caramella bars. The ingredients are water, sugar, cocoa butter, peanuts, vegetable oil, glucose syrup solids, dried whole milk, cocoa masse, buttermilk powder, skimmed milk powder, skimmed, sweetened condensed milk, dextrose monohydrate, butter oil, modified starch, whey powder, emulsifier, cream, flavoring, stabilizers, coloring, and salt.

2) rum 'n' raisin chocolate ices. The ingredients are water, vegetable oil, sugar, raisins, buttermilk powder, skimmed milk powder, defatted cocoa powder, dextrose, glucose syrup solids, whey powder, flavoring, emulsifiers, coloring, stabilizers, and rum.

3) white chocolate ices. The ingredients are water, vegetable oil, sugar, skimmed milk powder, buttermilk powder, whey powder, dextrose, glucose syrup solids, butter oil, emulsifiers, stabilizers, coloring, and flavoring.

4) tutti frutti chocolate bars. The ingredients are water, sugar, cocoa butter, vegetable oil, dried whole milk, buttermilk powder, skimmed milk powder, glucose syrup, cocoa masse, raisins, glace cherries, candied peel, dextrose monohydrate, peaches, glucose syrup solids, butter oil, whey powder, pineapple, pears, grapes, emulsifier, modified starch, stabilizers, flavoring, and coloring.

5) fruit and nut chocolate bars. The ingredients are water, sugar, raisins, cocoa butter, hazelnuts, vegetable oil, dried whole milk, skimmed milk powder, buttermilk powder, cocoa masse, dextrose monohydrate, butter oil, glucose syrup solids, whey powder, emulsifier, stabilizers, coloring, and flavoring.

6) hazelnut praline chocolate bars. The ingredients of the hazelnut chocolate ice are water, sugar, hazelnuts, cocoa butter, vegetable oil, dried whole milk, skimmed milk ppowder, buttermilk powder, cocoa masse, dextrose monohydrate, butter oil, glucose syrup solids, whey powder, emulsifier, sorbitol, stabilizers, coloring, and flavoring.

7) strawberry Roma cones. The ingredients are white sugar, sap, buttermilk powder, whey powder, glucose/glucose syrup, and wheat flour.

8) vanilla and chocolate Roma cones. The ingredients are white sugar, sap, buttermilk powder, whey powder, glucose/glucose syrup, and wheat flour.

9) mint and chocolate Roma cones. The ingredients are water, sugar, vegetable oil, wheat flour, skimmed milk powder, buttermilk powder, dextrose, peanuts, defatted cocoa powder, whey powder, glucose syrup solids, emulsifier, coloring, stabilizers, salt, flavoring, and modified maize starch.

10) milky mountains. The ingredients are water, vegetable oil, sugar, buttermilk powder, skimmed milk powder, dextrose monohydrate, whey powder, glucose syrup solids, emulsifier, stabilizers, colors, and flavoring.

11) orange juice ice lollies. The ingredients are water, sugar, dried glucose syrup, reconstituted orange juice concentrate, citric acid, coloring, flavoring, and stabilizers.

12) strawberry split ice lollies. The ingredients are water, sugar, vegetable oil, skimmed milk powder, buttermilk powder, glucose syrup solids, dextrose monohydrate, strawberry puree, whey powder, coloring, citric acid, stabilizers, emulsifier, and flavoring.

13) vimto ice lollies. The ingredients are water, sugar, dried glucose syrup, fruit juices, citric acid, natural coloring, flavoring, malt extract, stabilizers, preservatives, and artificial sweetener (saccharin).

14) mint chocolate ices. The ingredients are water, vegetable oil, sugar, buttermilk powder, skimmed milk powder, defatted cocoa powder, dextrose, glucose syrup solids, whey powder, emulsifiers, coloring, stabilizers, and flavoring.

15) vimto split. The ingredients are water, sugar, hydrogenated vegetable oil, skimmed milk powder, clover buttermilk powder, dried glucose syrup, dextrose, stabilizers, fruit juices, whey powder, citric acid, coloring, emulsifier, flavorings, malt extract, preservatives, and artificial sweeterner (saccharin).

16) tiramisu Roma cones. The ingredients are water, sugar, vegetable oil, wheat flour, skimmed milk powder, buttermilk powder, glucose syrup solids, dextrose, whey powder, defatted cocoa powder, emulsifier, cocoa liquor, flavoring, modified maize starch, stabilizers, coloring, coffee, salt, and cream.

17) neopolitan Roma cones. The ingredients are water, sugar, vegetable oil, wheat flour, skimmed milk powder, buttermilk powder, dextrose, hazelnuts, whey powder, defatted cocoa powder, glucose syrup solids, emulsifiers, strawberry puree, coloring, stabilizers, salt, and flavoring.

18) screwballs. The ingredients are water, sugar, vegetable oil, skimmed milk powder, buttermilk powder, dextrose monohydrate, glucose syrup solids, whey powder, raspberry puree, emulsifier, gum base, modified starch, coloring, stabilizers, flavoring, citric acid, and sodium citrate.

The applicable subheading for the non-dairy ice products will be 2105.00.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for ice cream and other edible ice, whether or not containing cocoa, other, other. The rate of duty will be 19.5 percent ad valorem.

Additional requirements may be imposed on these products by the Food and Drug Administration. You may contact the FDA at:

U.S. Food and Drug Administration
200 C Street, S.W.
Washington, DC 20204

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

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