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May 7, 1999

CLA-2-21:RR:NC:2:228 D88544

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9972

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

RE: The tariff classification of beverage ingredient from Canada.

Dear Ms. Martin:

In your letter dated February 11, 1999, you requested a tariff classification ruling.

Samples and an ingredients breakdown for “Bloody Caesar” drink mix base were submitted with your letter. A sample was forwarded to the U.S. Customs laboratory for analysis. The Spicy Flavor V514B is a fine powder stated to contain 61.27 percent corn syrup solids, 13.96 percent maltodextrin, 6.98 percent monosodium glutamate, 6.28 percent citric acid, 5.73 percent salt, 4.71 percent sugar, and less than one percent each of tomato powder, natural flavoring, caramel, spice, and color. Laboratory analysis found the sample contained 4.1 percent sucrose and 8.66 percent glucose. The product will be imported in bags containing 50-54 lbs., net weight, or totes weighing 1700-2000 lbs., net weight. The drink mix base is to be combined with tomato paste, water and other ingredients to make the finished drink.

The applicable subheading for the Spicy Flavor V514B drink mix base will be 2106.90.9972, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or included...other...other...preparations for the manufacture of beverages...containing sugar derived from sugar cane and/or sugar beets. The duty rate will be 7 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 212-637-7065.

Sincerely,

Robert B. Swierupski
Director,

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