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NY L81574




February 2, 2005

CLA-2-23: RR: NC: SP: 231 L81574

CATEGORY: CLASSIFICATION

TARIFF NO.: 2303.20.0020

Mr. Lars Lindhoff
Danisco Sugar AB
SE-205 04 Malmo
Sweden

RE: The tariff classification of dried sugar beet pulp from Sweden.

Dear Mr. Lindhoff:

In your letter dated September 02, 2004, you requested a tariff classification ruling.

Descriptive literature and seven samples accompanied your letter. The products are identified as Fibrex®, a dietary fiber derived from sugar beets, in flake, granular, and powder form. Fibrex® is produced from sugar beet pulp, i.e., the material remaining after the sugar has been extracted. The sugar beet pulp is dried under pressure with overheated steam. The dried pulp is then milled to different particle sizes. Fibrex® 575, Fibrex® 595 and Fibrex® 600 are in the form of flour or meal. Fibrex® 608 and Fibrex® 610 were more coarsely ground products. Fibrex® 620 consists of irregular-shaped granules ranging from approximately ⛠to ½-inch in length and Fibrex® 630 are flat flakes measuring approximately ¼ to ¾ inches long. The dried beet pulp contains about 73 percent natural dietary fiber, 10 percent protein, 4 percent sugar, 4 percent mineral substances and about 0.5 percent fat. The product is sold as a fiber additive for use in bakery products, in other food applications and as a vegetable fiber in health food products.

The applicable subheading for these Fibrex® products will be 2303.20.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for residues of starch manufacture and similar residues, beet-pulp, bagasse and other waste of sugar manufacture, brewing or distilling dregs and waste, whether or not in the form of pellets, beet-pulp, bagasse and other waste of sugar manufacture, dried beet-pulp. The rate of duty will be Free.

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 Thomas Brady at 646-733-3030.

Sincerely,

Robert B. Swierupski
Director,

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