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NY R02784




November 9, 2005

CLA-2-21:RR:NC:2:228 R02784

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9400

Mr. John B. Pellegrini
McGuireWoods LLP
1345 Avenue of the Americas
New York, NY 10105-0106

RE: The tariff classification of a food ingredient from Mexico.

Dear Mr. Pellegrini:

In your letter dated November 4, 2005, on behalf of Commodity Specialists Company, you requested a tariff classification ruling.

The product is described as a blend of 95 percent cane or beet sugar and 5 percent whole or skim milk powder. The ingredients will be blended in Mexico using sugar and milk powder of United States or Mexican origin. The blend will be imported in bulk and used in the production of sweetened condensed milk and ice cream products.

The applicable subheading for the sugar/milk powder blend will be 2106.90.9400, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or includedotherother articles containing over 65 percent by dry weight of sugar described in additional U.S. note 2 to chapter 17other. The rate of duty will be 28.8 cents per kilogram plus 8.5 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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