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NY D82462




October 13, 1998

CLA-2-11:RR:NC:2:228 D82462

CATEGORY: CLASSIFICATION

TARIFF NO.: 1101.00.0090, 1901.90.9095

Mr. Ziv Alcalay
New England Flour, Corp.
551 NW 77th St., Suite 206
Boca Raton, FL 33487

RE: The tariff classification of food ingredients from Germany.

Dear Mr. Alcalay:

In your letter dated September 1, 1998, and September 9, 1998, you requested a tariff classification ruling.

Illustrative and descriptive literature were submitted with your letter. EMCEflor HP is made from wheat kernels that have been milled and separated into flours consisting of high or low protein concentration. EMCEplus P is made from approximately 32 percent sifted wheat flour, 8 percent soybean flour, 36 percent wheat gluten, 12 soybean lecithin, 3 soybean oil. The products are used as ingredients to strengthen doughs and to improve the texture of finished products.

The applicable subheading for the EMCEflor HP will be 1101.00.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for wheat or meslin flour...other. The rate of duty will be 0.8 cents per kilogram.

The applicable subheading for the EMCEplus P will be 1901.90.9095 Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations of flour, meal, starch or malt extract, not elsewhere specified or included ...other...other...other. The rate of duty will be 7.6 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,

Robert B. Swierupski
Director,

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