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NY A84543




June 18, 1996

CLA-2-21:RR:NC:FC:228 A84543

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9400

Mr. Ernest Ferrante
Kuehne & Nagel, Inc.
10 Exchange Place
Jersey City, NJ 07302

RE: The tariff classification of dessert mixes from Germany

Dear Mr. Ferrante:

In your letter dated April 19, 1996 you requested a tariff classification ruling.

Samples and ingredients breakdowns accompanied your letter. Additional information regarding the ingredients and packaging was received on June 10, 1996. The samples were examined and disposed of. The products are identified as item no. AV 8844, Dessert Powder Honeydew-Melon, no. AV 8782, Dessert Powder Mango, no. AV 8780, Dessert Powder Banana, and no. AV8807, Dessert Powder Cocoa. All are in the form of white powders, and contain 70 percent sugar, 10 percent skimmed milk powder, 8 to 8.5 percent maltodextrin, 5 percent vegetable fat, 4 percent modified starch, 1.5 percent carrageenan and locust bean gum, and flavoring, salt, and, in some cases, color. The mixes will be imported in one-kilogram plastic bags, and used to prepare a "cut-stable pudding," after the addition of hot water.

The applicable subheading for these dessert mixes will be 2106.90.9400, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or included...other...other...articles containing over 65 percent by dry weight of sugar described in additional U.S. note 2 to chapter 17...other. The rate of duty will be 32.2 cents per kilogram, plus 9.5 percent ad valorem. In addition, products classified in subheading 2106.90.9400, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.17.31 to 9904.17.37, HTS.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Stanley Hopard at 212-466-5760.

Sincerely,

Roger J. Silvestri
Director

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