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NY B87201




July 11, 1997

CLA-2-21:RR:NC:2:228 B87201

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9997

Ms. Cindy Vinson
IFF, Inc.
3800 Camp Creek Parkway
Building 2600, suite 104
Atlanta, GA 30331

RE: The tariff classification of prepared foods from Germany.

Dear Ms. Vinson:

In your letters dated February 28, 1997, and June 25, 1997, on behalf of Culinary Masters Corporation, Alpharetta, GA, you requested a tariff classification ruling.

Pictorial literature was submitted with your first letter. Ingredients breakdowns accompanied your June letter. Traiteur-Terrine Cous Cous, Corn, Sweet Pepper and Herbs is described as a delicatessen preparation consisting of 37.5 percent water, 22.3 percent cous cous, 11.6 percent corn, 10.7 percent sweet pepper, 6.9 percent herbs, 4.1 percent stabilizers, 3.5 percent vegetable oil, 1.7 percent flavor enhancer, 1.3 percent salt, and less than one percent sugar, spices, and natural coloring. The terrine is in the form of trapezoid-shaped loaf, imported in refrigerated condition, packed in a plastic container with a lid.

The applicable subheading for the Traiteur-Terrine Cous Cous, Corn, Sweet Pepper and Herbs will be 2106.90.9997, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or included...other...other...other...containing sugar derived from sugar cane and/or sugar beets. 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 Branch

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