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NY K84281




March 25, 2004

CLA-2-18:RR:NC:SP:232 K84281

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 various beverages mixes from France

Dear Ms. Peiffer:

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

Samples were submitted with your request. The subject merchandise consists of six beverage mixes: Coffee, Chocolate, Passion Fruit, Vanilla, Apple/Black Currant and Orangen.

The composition of the Coffee beverage mix is based on the product label. The Coffee contains milk proteins, egg white proteins, soya oil, fructose, soya proteins, instant coffee, aroma, maltodextrin, various minerals, pea fibers, guar gum, caramel, aspartame, acesulfame of potassium, and various vitamins. The Coffee beverage mix is packaged for retail sale in a plastic jar with a net weight of 30 grams.

The applicable subheading for the Coffee beverage mix will be 2101.12.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for 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 coffee: Other: Other. The rate of duty will be 8.5 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the Chocolate, Passion Fruit, Vanilla, Apple/Black Currant and Orangen beverage mixes. Your request for a classification ruling should include the percentage of ingredients by weight in these beverage mixes, the type of milk protein, and the protein content of this ingredient. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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 John Maria at 646-733-3031.

Sincerely,

Robert B. Swierupski
Director,

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