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NY D84433




December 1, 1998

CLA-2-21:RR:NC:2:228 D84433

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9500, 2106.90.9700

Ms. Nora Martin
UFL Foods Inc.
450 Superior Boulevard
Mississauga, Ontario
Canada L5T 2R9

RE: The tariff classification of a beverage ingredient from Canada.

Dear Ms. Martin:

In your letter dated November 2, 1998, and November 3, 1998, you requested a tariff classification ruling.

Ingredients breakdowns for "Bloody Caesars" drink mix bases were submitted with your letter. The regular flavor (V360) consists of 51.99 percent corn syrup solids, 16.66 percent sugar, 13.33 percent maltodextrin, 6.66 percent monosodium glutamate, 6 percent citric acid, 5.03 percent salt, and less than one percent each of tomato powder, natural flavoring, caramel and color. The spicy flavor (V514) contains 51.33 percent corn syrup solids, 16.67 percent sugar, 13.33 percent maltodextrin, 6.67 percent monosodium glutamate, 6 percent citric acid, 5.05 percent salt, and less than one percent each of natural flavoring, tomato powder, caramel, spice and color. The products will be imported in bags containing 50-54 lbs., net weight, or totes weighing 1700-2000 lbs., net weight. The drink mix bases are to be combined with tomato paste, water and other ingredients to make the finished drink mixes.

The applicable subheading for the drink mix bases, if imported in quantities that fall within the limits described in additional U.S. note 8 to chapter 17, will be 2106.90.9500 Harmonized Tariff Schedules of the United States (HTS), which provides for food preparations not elsewhere specified or included...other...other...articles containing over 10 percent by dry weight of sugar described in additional U.S. note 3 to chapter 17...described in additional U.S. note 8 to chapter 17 and entered pursuant to its provisions. The rate of duty will be 10% ad valorem. If the quantitative limits of additional U.S. note 8 to chapter 17 have been reached, the products will be classified in subheading 2106.90.9700, HTS, and dutiable at the rate of 30.5 cents per kilogram plus 9 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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