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NY F87845




July 28, 2000

CLA-2-21:RR:NC:2:228 F87845

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9998; 3504.00.5000

Ms. Carole Marticotte
ABK-Gaspesie Inc.
72, rue de Port
Matane, Quebec Canada G4W 3M6

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

Dear Ms. Marticotte:

In your letter dated May 29, 2000 you requested a ruling on the status of food ingredients from Canada under the NAFTA.

Samples and technical literature were submitted with your letter. Additional information was submitted by facsimile transmission on June 26, 2000. The samples were examined and disposed of. Asta-Pro1000 Carotenoprotein Powder of Northern Shrimp is a red/orange powder obtained by the enzymatic hydrolysis of shrimp shells, separation and concentration of the carotenoproteins by filtration, pasteurization, and drying. Asta-Pro1000 is said to contain 54-58 percent protein and contains added vitamin E and lecithin. HPC90 Protein Hydrolysate Powder of Northern Shrimp is a cream-colored powder prepared by subjecting shrimp shells to enzymatic hydrolysis, separating and concentrating the peptides by filtration, pasteurizing, and spray drying. HPC90 is said to contain 85-90 percent crude protein. Both products may be used as an ingredient in human or animal foods. The shrimp shells and enzymes are products of Canada; vitamin E and the lecithin are of United States origin.

The applicable tariff provision for Asta-Pro1000 will be 2106.90.9998, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for food preparations not elsewhere specified or includedotherotherother. The general rate of duty will be 6.4 percent ad valorem.

The applicable tariff provision for HPC90 will be 3504.00.5000 HTSUSA, which provides for peptones and their derivatives; other protein substances and their derivatives, not elsewhere specified or includedother. The general rate of duty will be 4 percent ad valorem.

Asta-Pro1000 and HPC90, being wholly obtained or produced entirely in the territory of Canada and the United States, 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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