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NY 891187





October 29, 1993

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.2070

Mr. Bill Lawlor
Select Ingredients
263 N. Forman Street
Detroit, MI 48209

RE: The tariff classification of sugar and gelatin blends from Canada

Dear Mr. Lawlor:

In your letter dated October 1, 1993 you requested a tariff classification ruling.

Ingredients breakdowns and three samples were submitted with your letter. The samples were examined and disposed of. Each product is a dry blend of sugar and gelatin, to be used in the manufacture of gelatin desserts, and will be imported in 100-pound bags or 2000-pound bulk containers. Product No. 1 is a blend of 88 percent sugar and 12 percent gelatin, product No. 2 contains 90 percent sugar and 10 percent gelatin, and the third product is a mixture of 92 percent sugar and 8 percent gelatin.

The applicable subheading for these sugar and gelatin blends will be 2106.90.2070, 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 6 percent ad valorem.

Goods classifiable under subheading 2106.90.2070, HTS, which have originated in the territory of Canada, will be entitled to a 3 percent ad valorem rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

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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