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NY E89271

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December 17, 1999

CLA-2-21:RR:NC:2:228 E89271

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.6400, 2106.90.6600

Mr. Graeme R. Honeyfield
Glinso Foods
3554 Round Barn Blvd.
Suite 310
Santa Rosa, CA 95403

RE: The tariff classification of food ingredients from Australia, Canada, United Kingdom, Denmark, South Africa, or New Zealand.

Dear Mr. Honeyfield:

In your letter dated September 22, 1999, you requested a tariff classification ruling.

Ingredients breakdowns accompanied your letter. The products are Confectionery Mixes (AMF 8911 - 89 percent anhydrous milkfat/11 percent granulated sugar, 8911B - 89 percent unsalted butter/11 percent granulated sugar, Salted - 89 percent anhydrous milkfat/11 percent salt, 8911B Salted - 89 percent unsalted butter/11 percent salt, AMF 9505 Salted – 95 percent anhydrous milkfat/5 percent salt, AMF 9505 – 95 percent anhydrous milkfat/5 percent sugar, 7805 Salted – 78 percent milkfat/5 percent salt/1.25 percent milk protein concentrate/ 16 percent water, 7805 - 78 percent milkfat/5 percent sugar/1.25 percent milk protein concentrate/16 percent water). The mixes will be imported in solid form, frozen, refrigerated, or at ambient temperature, in 25-kg cartons or 20mt bulk transport containers, for use as ingredients to manufacture confectionery or other food items.

The applicable subheading for the Confectionery Mixes, if imported in quantities that fall within the limits described in additional U.S. note 10 to chapter 4, will be 2106.90.6400, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or included...other...containing over 10 percent by weight of milk solids...other, dairy products described in additional U.S. note 1 to chapter 4... described in additional U.S. note 10 to chapter 4 and entered pursuant to its provisions. The rate of duty will be 10 percent ad valorem. The rate of duty will be unchanged in 2000. If the quantitative limits of additional U.S. Note 10 to chapter 4 have been reached, the product will be classified in subheading 2106.90.6600, HTS, and dutiable at the rate of 72.5 cents per kilogram plus 8.8 percent ad valorem. Effective January 1, 2000, products classified in subheading 2106.90.6600, HTS, will be dutiable at the rate of 70.4 cents per kilogram plus 8.5 percent ad valorem. In addition, products of Australia, The United Kingdom, Denmark, South Africa, and New Zealand, classified in subheading 2106.90.6600, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.04.59 to 9904.04.66, HTS.

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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See also:

• Tariff No.: 2106.90.64 - Food preps, nesoi, o/10% by wt of milk solids, dairy prods, descr. in add US note 1 to Ch.4: subject to add US note 10 to Ch.4, not GN15
• Tariff No.: 2106.90.66 - Food preps, nesoi, o/10% by wt of milk solids, dairy prods, descr. in add US note 1 to Ch.4: not subject to Ch4 US note 10, not GN15
• Tariff No.: 9904.04.59 - Dairy prod. in 0404.10.15, 1517.90.60, 1704.90.58, 1806.20.82, 1806.20.83, 1806.32.70, etc, entered value safe period, under $0.30/kg
• Tariff No.: 9904.04.66 - Dairy prod. in 0404.10.15, 1517.90.60, 1704.90.58, 1806.20.82, 1806.20.83, 1806.32.70, etc, entered value safe period, $1.50/kg or more