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NY I83404

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July 10, 2002

CLA-2-19:RR:NC:2:228 I83404

CATEGORY: CLASSIFICATION

TARIFF NO.: 1901.90.5600, 1901.90.5800

Mr. Brian Solomon
Martin Strauss Air Freight Corp.
Box 300666 J.F.K. Airport Station
Jamaica, New York 11430-0666

RE: The tariff classification of Nutramul from India.

Dear Mr. Solomon:

In your letters dated April 10, 2002, and June 26, 2002, you requested a tariff classification ruling.

A sample and an ingredients breakdown were submitted with your letter. The sample was examined and disposed of. Nutramul is a brown-colored, granular product consisting of 47 percent malt extract, 24 percent non-fat skim milk, 14 percent sugar, 5 percent cocoa powder, 5 percent milk fat, 2 percent caramel, 1 percent lecithin, 1 percent sodium bicarbonate, 0.5 percent vanilla and 0.5 percent salt, put up in a glass jar containing 500 grams, net weight. It is used to make a drink by mixing 4 teaspoons of Nutramul with a cup of hot or cold milk or water.

The applicable subheading for the Nutramul, if imported in quantities that fall within the limits described in additional U.S. note 8 to chapter 17, will be 1901.90.5600 Harmonized Tariff Schedules of the United States (HTS), which provides for food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40 percent by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included...other... other...articles containing over 10 percent by dry weight of sugar described in additional U.S. note 3 to chapter 17...described in additional U.S. note 8 to chapter 17 and entered pursuant to its provisions. The rate of duty will be 10 percent ad valorem. If the quantitative limits of additional U.S. note 8 to chapter 17 have been reached, the product will be classified in subheading 1901.90.5800, HTS, and dutiable at the rate of 23.7 cents per kilogram plus 8.5 percent ad valorem. In addition, products classified in subheading 1901.90.5800, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.17.49 to 9904.17.56, 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 646-733-3029.

Sincerely,

Robert B. Swierupski
Director,

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See also:

• Tariff No.: 1901.90.56 - Food preps of flour, etc., nesoi, o/10% by dry wt of sugar, described in add. US note 3 to chap. 17: subj. to add US note 8 to Ch.17
• Tariff No.: 1901.90.58 - Food preps of flour, etc., nesoi, o/10% by dry wt of sugar, described in add. US note 3 to chap. 17: not subj. to add US note 8 to Ch.17
• Tariff No.: 9904.17.49 - Articles w/ov 10% dry wt. sugars, in 1701.91.58, 1704.90.78, 1806.20.77 etc, entered value safe. pd., under $0.05/kg
• Tariff No.: 9904.17.56 - Articles w/ov 10% dry wt. sugars, in 1701.91.58, 1704.90.78, 1806.20.77 etc, entered value safe. pd., $0.35/kg or more