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NY 895085





March 11, 1994

CLA-2-17:S:N:N7:232 895085

CATEGORY: CLASSIFICATION

TARIFF NO.: 1701.99.0135; 1701.99.0235

Mr. Clark D. Bien
Total Foods Corporation
6018 West Maple Road, Suite 888
West Bloomfield, MI 48322

RE: The tariff classification of a medical tablet mix from Canada.

Dear Mr. Bien:

In your letter dated February 10, 1994 you requested a tariff classification ruling.

A sample was included with your request. The subject merchandise is stated to contain 86.0 percent sugar, 9.2 percent corn starch and 4.8 percent talc. After importation, the product will be combined with active medical ingredients, flavoring, color and will be ground and compressed. The mix will be imported in 2000 pound bulk bags and 100 pound paper bags.

The applicable subheading for the medical tablet mix, will be 1701.99, Harmonized Tariff Schedule of the United States (HTS), which provides for cane or beet sugar and chemically pure sucrose, in solid form: other. For the medical tablet mix described in paragraphs (a) and (b) of additional U.S. note 3 to chapter 17 and entered pursuant to the provisions, and not to be further refined or improved in quality...other, the applicable subheading will be 1701.99.0135, HTS. The general rate of duty will be 1.4606 cents per kilogram less 0.020668 cents per kilogram for each degree under 100 degrees (and fractions of a degree in proportion) but not less than 0.943854 cents per kilogram. For other medical tablet mix, not to be further refined or improved in quality...other, the applicable subheading will be 1701.99.0235, HTS. The general rate of duty will be 37.386 cents per kilogram less 0.529 cents per kilogram for each degree under 100 degrees (and fractions of a degree in proportion) but not less than 24.161 cents per kilogram. In addition, merchandise which is classifiable under subheadings 1701.99.0135 and 1701.99.0235, HTS, which is not subjected to additional refining or improvements in quality in the United States is subject to a supplemental agricultural fee of 2.2 cents per kilogram under item 9904.40.20, HTS.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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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