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NY K84266




March 25, 2004
CLA-2-21:RR:NC:2:228 K84266

CATEGORY: CLASSIFICATION

TARIFF NO.: 2101.12.9000

Ms. Roxane Peiffer
Norman G. Jensen, Inc.
3050 Metro Drive, Ste. 300
Minneapolis, MN 55425

RE: The tariff classification of coffee flavored dessert mixes from France.

Dear Ms. Peiffer:

In your letter dated March 5, 2004, on behalf of Medical Diet Inc., Newark, DE, you requested a tariff classification ruling.

The samples submitted with your letter were examined and are being returned. Coffee Cream Dessert contains milk proteins, hydrolyzed wheat starch, hydrolyzed starch, eggwhite proteins, instant coffee powder, xanthan, carrageenan, minerals, soya proteins, fructo-oligosaccharides, and vitamins. Coffee Custard consists of milk proteins, soya oil, coffee extracts, hydrolyzed wheat starch, eggwhite proteins, carrageenan, fructose, soya proteins, flavoring, fructo-oligosaccharides, salt, soya lecithin, minerals, coloring, xanthan gum, salt, starch, aspartame, acesulfame K, maltodextrin, and vitamins.

The mixes are put up in pouches containing 30 grams, net weight. Package instructions direct the user of the Coffee Custard mix to combine the contents of the pouch with skim milk or water, heat to just below the boiling point, stir, and place in the refrigerator before serving. The Coffee Cream mix is combined with skim milk and should be allowed to stand before serving.

The applicable subheading for the Coffee Cream and Coffee Custard mixes will be 2101.12.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for Extracts, essences and concentrates of coffee, tea or maté and preparations with a basis of these products or with a basis of coffee, tea or maté; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof: Extracts, essences and concentrates of coffee, and preparations with a basis of these extracts, essences or concentrates or with a basis of coffee: Preparations with a basis of extracts, essences or concentrates or with a basis of coffeeotherother. The rate of duty will be 8.5 percent ad valorem.

Your inquiry does not provide enough information for us to issue a classification ruling on the Apple-Blackcurrant Cream, Caramel Cream Dessert, and Crème Brulee mixes. Your request for a classification ruling should include the additional information indicated below:

1. A complete ingredients breakdowns, by weight, for the Apple-Blackcurrant Cream, Caramel Cream Dessert, and Crème Brulee .

2. Identify the “milk protein” ingredients.

3. What is the protein content of each of the “milk protein” ingredients?

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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