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NY A89108



November 14, 1996

CLA-2-21:RR:NC:2:228 A89108

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9400

Mr. Alan Dee
Mill-Lane Inc.
561 Edward Avenue, Unit 2
Richmond Hill
Ontario, Canada L4C 9W6

RE: The tariff classification of bakers' wares from Canada.

Dear Mr. Dee:

In your letter dated October 11, 1996 received October 22, 1996, you requested a tariff classification ruling.

The sample accompanying your letter was examined and disposed of. ML Sugarpaste RTR is composed of 80 percent powdered sugar, 8 percent glucose, 4 percent vegetable shortening, 6 percent water, 1 percent glycerin, and 1 percent of various gums. It is packaged for industrial use in double poly wrap liners, in white corrugated boxes, weighing 5-kilograms, net weight. After the ML Sugarpaste RTR is kneaded, rolled, colored or flavored, it is used as a smooth cake covering, a pliable icing, or for molding and modeling.

The applicable subheading for the ML Sugarpaste RTR will be 2106.90.9400 HTS, which provides for food preparations not elsewhere specified or included...other...other...articles containing over 65 percent by dry weight of sugar described in additional U.S. note 2 to chapter 17...other. The rate of duty will be 32.2 cents per kilogram plus 9.5 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,

Roger J. Silvestri
Director

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