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NY B80601




January 3, 1997

CLA-2-21:RR:NC:2:228 B80601

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9995

Mr. Thomas Penksa
PBB Group
P.O. Box 950
434 Delaware Avenue
Buffalo, NY 14202

RE: The tariff classification of vegetarian burgers from Canada

Dear Mr. Penksa:

In your letter dated December 9, 1996, on behalf of The Hampton House Division of J.D. Sweid Ltd., Langley, B.C. Canada, you requested a tariff classification ruling.

A sample of the retail packaging was submitted with your letter. "Veggie Sensations" vegetarian burgers are patty-shaped articles, browned in vegetable oil, composed of brown rice, mushrooms, onions, rolled oats, part-skim mozzarella cheese, cottage cheese, bulgar wheat, egg whites, water, cheddar cheese, flax seed, seasonings, spices, salt, and vegetable gum. The patties are imported in frozen condition, packed in a plastic bag containing 48 ounces, net weight.

The applicable subheading for the vegetarian burgers will be 2106.90.9995, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or included...other...other...frozen. The rate of duty will be 8.2 percent ad valorem.

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,

Gwenn Klein Kirschner
Chief, Special Products

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