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July 2, 1999

CLA-2-21:RR:NC:2:228 E83561

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.5870

Mr. Clark D. Bien
Total Foods Corporation
6018 West Maple Road Suite 888
West Bloomfield, MI 48322-4404

RE: The tariff classification of a sugar and gelatin blend from Canada

Dear Mr. Bien:

In your letters dated May 7, 1999 and June 9, 1999 you requested a tariff classification ruling.

Two samples and ingredients breakdowns accompanied your first letter. Additional information regarding the products’ use was submitted with your June letter. The products are white, granular materials, one composed of 95 percent sugar and 5 percent gelatin, the other 94 percent sugar and 6 percent gelatin, imported in 100-pound bags or 2000-pound super-sacks. After importation, the blends will be used as the principle ingredient in the production of gelatin dessert mixes. The sugar/gelatin blends will be used as imported, the sugar will not be separated from the gelatin. The blend will be mixed with other ingredients – flavors, colors, citric acid, fumaric acid, sodium phosphate, maltodextrin, malic acid, salt, adiptic acid, disodium phosphate, tricalcium phosphate, and sodium citrate. No additional gelatin, starch, or other thickeners or stabilizers will be added.

The applicable tariff provision for these two sugar and gelatin blends will be 2106.90.5870, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for food preparations not elsewhere specified or includedÂotherÂof gelatinÂotherÂcontaining sugar derived from sugar cane or sugar beets. The general rate of duty will be 5 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?tc " Robert B. Swierupski"? Director,

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