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January 29, 1999

CLA-2-19:RR:NC:2:228 D87055

CATEGORY: CLASSIFICATION

TARIFF NO.: 1901.90.4200; 1901.90.4300

Mr. John Murphy
Metarom Corporation
11 School Street
Newport, VT 05855

RE: The tariff classification of a food ingredient from Canada

Dear Mr. Murphy:

In your letters dated December 18, 1998 and January 18, 1999 you requested a tariff classification ruling.

Additional information was submitted by facsimile transmission on January 26, 1999. Yogurt Powder (Raspberry) is a dry, powder product, said to be composed of approximately 37 percent skim milk powder, 30 percent maltodextrin, 9 percent whey powder, 8 percent each of palm oil and raspberry puree, 4 percent coconut oil, and two percent each of soy oil and butter fat. The product will be put up in 40-kilogram bags, and used as an ingredient in the production of baby foods.

The applicable subheading for the Yogurt Powder (Raspberry), if imported in quantities that fall within the limits described in additional U.S. note 10 to chapter 4, will be 1901.90.4200, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations of goods of headings 0401 to 0404, not containing cocoa...not elsewhere specified or included...other...dairy products described in additional U.S. note 1 to chapter 4...dairy preparations containing over 10 percent by weight of milk solids...described in additional U.S. note 10 to chapter 4 and entered pursuant to its provisions. The rate of duty will be 16 percent ad valorem. If the quantitative limits of additional U.S. note 10 to chapter 4 have been reached, the product will be classified in subheading 1901.90.4300, HTS, and dutiable at the rate of $1.065 per kilogram plus 14 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 212-637-7065.

Sincerely,

Robert B. Swierupski
Director,

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