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NY A84555

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June 19, 1996

CLA-2-21:RR:NC:FC:228 A84555

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9500; 2106.90.9700

Mr. Hiroshi Kumei
Sumitrans Corporation
900 Fourth Avenue, Suite 1510
Seattle, WA 98164

RE: The tariff classification of a surimi ingredient from Thailand

Dear Mr. Kumei:

In your letter dated June 3, 1996, on behalf of Ueno Fine Chemicals Industry (USA), Inc., New York, NY, you requested a tariff classification ruling.

A sample, ingredients breakdown, and description of the manufacturing process were submitted with your letter. The sample was examined and disposed of. Prebest CSS-503 is a white, granular product, said to be composed of 53.23 percent sorbitol, 43 percent sugar, 1.61 percent each of sodium pyrophosphate and sodium polyphosphate, and less than one percent of mono and diglycerides of edible fats or oils, or edible fat-forming acids. The product will be used as an additive and preservative in the manufacture of surimi (minced fish) products.

The applicable subheading for this product, 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 ad valorem. 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 32.2 cents per kilogram, plus 9.5 percent ad valorem. In addition, products classified in subheading 2106.90.9700, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.17.49 to 9904.17.56, 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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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
• Tariff No.: 9904.17.49 - Articles w/ov 10% dry wt. sugars, in 1701.91.58, 1704.90.78, 1806.20.77 etc, entered value safe. pd., under $0.05/kg
• Tariff No.: 9904.17.56 - Articles w/ov 10% dry wt. sugars, in 1701.91.58, 1704.90.78, 1806.20.77 etc, entered value safe. pd., $0.35/kg or more