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NY L88523




October 31, 2005

CLA-2-21:RR:NC:N2:228 L88523

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9997

Mr. William Kentor
Great Foods Inc.
1255 Crofton Avenue
Highland Park, IL 60035

RE: The tariff classification of honey flavored syrup from China

Dear Mr. Kentor:

In your letter dated July 15, 2005 you requested a tariff classification ruling.

A description of the product and a statement of ingredients was included in your letter. A sample, submitted with a letter dated October 24, 2005, was examined and disposed of. Honey Syrup is an amber-colored, thick liquid, said to be composed of 50 to 90 percent refined sugar, 10 to 50 percent honey or natural and artificial flavors, 5 to 20 percent corn syrup, less than one percent citric acid, and unstated quantities of water and coloring. The honey syrup will be packed in plastic containers for retail sale, weighing up to five pounds, net weight.

The applicable subheading for the Honey Syrup will be 2106.90.9997, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or includedotherotherothercontaining sugar derived from sugar cane and/or sugar beets. 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 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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