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NY F83600




March 9, 2000

CLA-2-19:RR:NC:2:228 F83600

CATEGORY: CLASSIFICATION

TARIFF NO.: 1901.90.9095

Ms. Bettyanne Brownlee
English Bay Batter (Vancouver) Inc.
904 Cliveden Avenue
New Westminster, British Columbia V3M 5R5 Canada

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of cookie dough ingredients from Canada; Article 509

Dear Ms. Brownlee:

In your letter dated October 7, 1999 you requested a ruling on the status of cookie dough ingredients from Canada under the NAFTA. Your letter was received by this office on February 22, 2000.

Three products are described in your letter: Dry A Mix, Dry B Mix, and Dry C Mix. All are said to be ingredients used in the production of cookie doughs. Dry A Mix is composed of 85.6 percent flour, 11.3 percent salt, and 3.1 percent baking soda. Dry B Mix consists of 53.4 percent flour, 20.6 percent cinnamon, 19.5 percent salt, and 6.5 percent baking soda. Dry C Mix is made of 65 percent flour, 25 percent salt, and 10 percent baking soda. All ingredients are products of the United States or Canada. The ingredients will be blended in Canada, packed in bags, and sent to manufacturing facilities in the United States.

The applicable tariff provision for these three products will be 1901.90.9095, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for food preparations of flour, meal, starch or malt extractotherotherother. The general rate of duty will be 6.4 percent ad valorem.

Dry A Mix, Dry B Mix, and Dry C Mix, being wholly obtained or produced entirely in the territory of the United States and Canada, will meet the requirements of HTSUSA General Note 12(b)(i), and will therefore be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

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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