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HQ 964967




April 30, 2001

CLA-2 RR:CR:GC 964967 JGB

CATEGORY: CLASSIFICATION

TARIFF NO.: 0405.20.; 2106.90.64, 2106.90.66

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

RE: Modification of NY D 80215 and D 80216; milk fat and butterfat mixtures

Dear Mr. Bien:

This letter is in regard to New York Ruling Letters (NY) D80215 and D80216, both dated August 11, 1998, issued to you by the Customs National Commodity Specialist Division regarding classification of certain milk fat mixtures under the Harmonized Tariff Schedule of the United States (HTSUS). After extensive review of the classification of similar merchandise under the HTSUS, we have reconsidered NY D 80215 and D80216 and believe that the classification of two of three products classified therein is incorrect.

Pursuant to section 625(c)(1) Tariff Act of 1930 (19 U.S.C. 1625(c)(1)) as amended by section 623 of Title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act (Pub. L. 103-82, 107 Stat. 2057, 2186), notice of the proposed modification of NY E89271 was published on January 3, 2001, in the Customs Bulletin, Volume 35, Number 1 (the Notice). As explained in a notice published on February 21, 2001, in Vol. 35, No. 8 of the Customs Bulletin, the period within which to submit comments on this proposal was extended to March 23, 2001. NY D 80215 and D80216 were identified as two additional rulings that would fall under the principle of the ruling proposed to be modified and this letter provides you additional notice of that fact. Those rulings are being modified by this letter as indicated herein. No additional comments were received in response to this notice.

FACTS:

NY D80215 and D80216, both dated August 11, 1998, classified certain milkfat confectionery mixes, which were to be imported from Canada, Denmark or New Zealand, in bulk trailer, 50-gallon drums, and/or 50 pound cardboard boxes for use as ingredients to manufacture confectionery or other food items. These products have the following ingredient breakdown:

Formula A: 51% granulated sugar and 49% unsalted butter (83% butterfat)

Formula B: 89% unsalted butter and 11% granulated sugar

Formula C: 89% anhydrous milk fat and 11% granulated sugar

In NY D80215 and D80216, formulas A, B and C, were classified under subheadings 2106.90.64 and .66, HTSUS, the in- and over-quota provisions 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.

NY D80215 and D80216 classified Formulas A and B erroneously in heading 2106, HTSUS, prompting our modification of those rulings in this document. The classification provided for Formula C appears to be correct and remains unchanged. Based on the reasoning in the rulings modified in the Notice, Formulas A and B will be classified in heading 0405, HTSUS. Because of the potential changes in formulations of those products from the time of the initial ruling to the present, both within and outside the provisions of North American Free Trade Agreement, you are requested to communicate directly with the Director, National Commodity Specialist Division, U. S. Customs Service, 6 World Trade Center, New York, NY 10048 where new rulings will be issued on an expedited basis. Please include a copy of this notice with your ruling requests. We appreciate your cooperation with this reissuance process.

HOLDING:

NY D80215 and D80216 both dated August 11, 1998, are hereby MODIFIED with respect to the products identified as Formula A and Formula B as set forth herein.

In accordance with 19 U.S.C. ยง1625(c), this ruling will become effective 60 days after its publication in the Customs Bulletin.

Sincerely,

John Durant, Director

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