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NY L85571




June 29, 2005

CLA-2-21:RR:NC:2:228 L85571

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9975

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

RE: The tariff classification of a non-dairy creamer from China.

Dear Ms. Peiffer:

In your letter dated June 3, 2005, on behalf of IBS Foods Inc., Newton, MA, you requested a tariff classification ruling.

A sample, a copy of a label, and an ingredients breakdown were submitted with your request. The sample was examined and disposed of. Coffee Creamer is an off-white colored powder composed of 74.3 percent glucose syrup, 20 percent hydrogenated vegetable fat, 1.8 percent dipotassium monophosphate, 1.5 percent sodium caseinate, and less than one percent each of glycerol monostearate, sorbitan monostearate, silicon dioxide, and sodium citrate. It will be put up in plastic containers holding 16 oz. and 6 oz., net weight. Directions on the label instruct the user to add one teaspoon of creamer to a cup of coffee, tea, or cocoa.

The applicable subheading for the non-dairy Coffee Creamer will be 2106.90.9975, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or includedother..other.. othernon-dairy coffee whiteners. The rate of duty will be 6.4 percent ad valorem.

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

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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