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NY E87828




October 21, 1999

CLA-2-21:RR:NC:2:228 E87828

CATEGORY: CLASSIFICATION

TARIFF NO.: 2104.10.0020, 2106.90.8200

Mr. Travis Hull
PBB Global Logistics
434 Delaware Ave.
Buffalo, NY 14202

RE: The tariff classification of soup and omlette mixes from Canada.

Dear Mr. Hull:

In your letters dated August 16, 1999 and September 28, 1999, on behalf of Advitech Solutions Inc., Quebec, Canada, you requested a tariff classification ruling.

Ingredients breakdowns and samples were submitted with your second letter. The samples include Promedis USA brand Hyperproteinic powdered broth and omlette mixes for use in clinics. The ingredients common to the Leek Cream and Chicken Cream soup mixes are milk protein concentrate, whey protein isolate, isolate soy protein, salt, polydextrose, soy fiber, monosodium glutamate, xanthane gum, natural or artificial chicken or leek flavor, black pepper, and vitamins. The leek cream also contains freeze-dried leek and the chicken cream also contains onion powder, celery salt, parsley flakes, and turmeric powder. Promedis USA Omlette – leek, vegetable and mushroom - each contain albumen powder, milk protein concentrate (over 10 percent), whole egg powder, salt, freeze dried mushroom, leek, or vegetable, powdered mushroom or onion, natural and/or artificial mushroom, vegetable, vegetable or chicken broth flavor, riboflavin, folic acid, and vitamins. The mixes are put up in single serving pouches containing between 24 and 28 grams, net weight, 200 pouches to a carton. The user adds 5 ounces of hot water per packet to make the broths, and 2.5 ounces of cold water to make the omlettes.

The applicable subheading for the Instant Hyperproteinic Cream mixes (leek and chicken) will be 2104.10.0020, HTS, which provides for soups and broths and preparations therefordried. The rate of duty will be 3.8 percent ad valorem.

The applicable subheading for the Omlette (vegetable, mushrooms, and leek) will be 2106.90.8200, HTS, which provides for food preparations not elsewhere specified or includedother containing over 10 percent by weight of milk solidsotherother. The rate of duty 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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