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NY H81841




June 26, 2001

CLA-2-21:RR:NC:2:228 H81841

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.5830

Mr. Sergio Cury
Calltex LLC
Suite 450
1000 Brickell Avenue
Miami, FL 33131

RE: The tariff classification of flavored gelatin powders from Brazil.

Dear Mr. Cury:

In your letter dated June 1, 2001, you requested a tariff classification ruling.

A sample and an ingredients breakdown were submitted with your letter. The sample, a pineapple flavored dessert powder, was examined and disposed of. Bretzke brand gelatin powder, available in nine flavors (peach, strawberry, passion fruit, pineapple, orange, lemon, cherry, grape, and raspberry) contains between 89-89.9 percent sugar, 7.7 percent gelatin powder, and between 2.5-3.3 percent acid, color and flavor. The powders are put up in plastic pouches, in cardboard boxes, containing 85 or 170 grams, net weight. The dessert is prepared by mixing the powder with boiling water, adding cold water, and refrigerating.

The applicable subheading for the dessert powder will be 2106.90.5830, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or includedotherof gelatinput up for retail salecontaining sugar derived from sugar cane or sugar beets. The rate of duty will be 4.8 percent ad valorem.

Articles classifiable under subheading 2106.90.5830, HTS, which are products of Brazil may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check the Customs Web site at www.customs.gov. At the Web site, click on "CEBB" then search for the term "GSP".

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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