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NY 845321





CLA-2-21:S:N:N1:228 845321

CATEGORY: CLASSIFICATION

TARIFF NOS.: 2106.90.5050; 2106.90.6097

Mr. Peter B. Helfrich
PBH International
P.O.Box 942
Bellevue, WA 98009

RE: The tariff classification of a flavored syrup from Canada.

Dear Mr. Helfrich:

In your letter dated August 25, 1989 and September 9, 1989, on behalf of Manufacturers Production Exchange, you requested a tariff classification ruling.

The product is described as a complete, ready to use table syrup, 72.5-73.0 Brix, containing artificial butter/maple flavoring, and potassium sorbate. This syrup will be imported in bulk, for repacking in the United States, and in institutional or retail sized containers.

The applicable subheading for the flavored syrup, when imported in bulk, will be 2106.90.5050, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations 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 duty rate will be 10 percent ad valorem.

When imported in institutional or retail containers, the syrup will be classified in subheading 2106.90.6097, HTS, which provides for food preparations not elsewhere specified or included...other...other ...containing sugar derived from sugar cane and/or sugar beets. The rate of duty will be 10 percent ad valorem.

Goods classifiable under subheadings 2106.90.5050 and 2106.90.6097, HTS, which have originated in the territory of Canada, will be entitled to a 9 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

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