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NY K89746

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September 24, 2004

CLA-2-21:RR:NC:2:228 K89746

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.6400, 2106.90.6600

Dr. N.R. Gandhi
Jeneil Biotech Inc.
400 North Dekora Woods Blvd.
Saukville, WI 53080

RE: The tariff classification of food ingredients from New Zealand, Australia, Mexico, and Uruguay. Correction to Customs Ruling No. K86461.

Dear Dr. Gandhi:

This ruling is being issued to correct Customs Ruling no. NY K86461 dated June 9, 2004. The ruling provided an incorrect description of the composition of product JB-1005 Savory Food Preparation Powder. A complete corrected ruling follows.

In your letters dated May 5, 2004 and May 20, 2004, you requested a tariff classification ruling.

Samples, submitted with your second letter, were examined and disposed of. JB-1005 Savory Food Preparation Powder is a mixture of 53 percent milk fat, 40 percent nonfat milk solids, 5 percent salt, and 2 percent moisture. JB-1010 Savory Food Preparation Powder is a mixture of 50 percent milk fat, 38 percent nonfat milk solids, 10 percent salt, and 2 percent moisture. The products will be used to manufacture foods such as soups, sauces, crackers, and other baker’s wares. They will be imported in bags containing 50-lb. and 25-kg., and 1-MT tote sacks.

The applicable subheading for both products, if imported in quantities that fall within the limits described in additional U.S. note 10 to chapter 4, will be 2106.90.6400, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or includedothercontaining over 10 percent by weight of milk solidsotherdairy products described in additional U.S. note 1 to chapter 4described in additional U.S. note 10 to chapter 4 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 10 to chapter 4 have been reached, the products will be classified in subheading 2106.90.6600, HTS, and dutiable at the rate of 70.4 cents per kilogram plus 8.5 percent ad valorem. In addition, products of New Zealand, Australia, and Uruguay, classified in subheading 2106.90.6600, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.04.59 to 9904.04.66, 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.: 2106.90.64 - Food preps, nesoi, o/10% by wt of milk solids, dairy prods, descr. in add US note 1 to Ch.4: subject to add US note 10 to Ch.4, not GN15
• Tariff No.: 2106.90.66 - Food preps, nesoi, o/10% by wt of milk solids, dairy prods, descr. in add US note 1 to Ch.4: not subject to Ch4 US note 10, not GN15
• Tariff No.: 9904.04.59 - Dairy prod. in 0404.10.15, 1517.90.60, 1704.90.58, 1806.20.82, 1806.20.83, 1806.32.70, etc, entered value safe period, under $0.30/kg
• Tariff No.: 9904.04.66 - Dairy prod. in 0404.10.15, 1517.90.60, 1704.90.58, 1806.20.82, 1806.20.83, 1806.32.70, etc, entered value safe period, $1.50/kg or more