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NY 853167

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CLA-2-19:S:N:N1:228 853167

CATEGORY: CLASSIFICATION

TARIFF NO.: 1901.90.8070

Brother Raphael
Gethsemani Farms
Highway 247
Trappist, KY 40051

RE: The tariff classification of a dessert mix from France.

Dear Brother Raphael:

In your letter dated May 17, 1990, you requested a tariff classification ruling.

An ingredients breakdown and sample accompanied your letter. The product is a powder composed of sugar (82 to 89 percent), cornstarch, marine algae extracts, and natural flavoring. The mix, put up in retail pouches, is to be combined with milk, cooked, poured into dishes or molds and cooled, to produce a sweet dessert.

The applicable subheading for the dessert mix will be 1901.90.8070, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations of...starch...not containing cocoa powder or containing cocoa powder in a proportion by weight of less than 50 percent, not elsewhere specified or included... other... subject to quotas established pursuant to section 22 of the Agricultural Adjustment Act, as amended...provided for in subheading 9904.60.60. The rate of duty will be 10 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

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