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NY M80808




March 1, 2006

CLA-2-18:RR:NC:SP:232 M80808

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.90.9090; 2101.12.9000; 2106.90.8200

Mr. Serge Puhoff, PhD
37699 Carriage Circle Common
Fremont, CA 94536

RE: The tariff classification of Energy Diet products from France

Dear Mr. Puhoff:

In your letter dated January 20, 2006 you requested a tariff classification ruling.

Additional information was submitted in your facsimile dated February 8, 2006. Samples were included with your request. Information was submitted with your initial request dated December 7, 2005. The subject merchandise consists of three products labeled as: Energy Diet Chocolat, Energy Diet Cappuccino and Energy Diet Vanille. Energy Diet Chocolat is stated to contain milk proteins (milk complete proteins and calcium caseinate), dextrose, cocoa powder, soy proteins, starch, pea proteins, soy oil, tripotassium citrate, flavors, guar gum, and small quantities of minerals and various other ingredients. Energy Diet Cappuccino (described as Energy Diet Capuccino in the ingredient breakdown) is stated to contain milk proteins (milk complete proteins and calcium caseinate), dextrose, soy proteins, pea proteins, coffee extract, soy oil, starch, guar gum cocoa powder, tripotassium phosphate and small quantities of flavors, minerals and various other ingredients. Energy Diet Vanille is stated to contain milk proteins (milk complete proteins and calcium caseinate), dextrose, soy oil, starch, pea proteins, flavors, guar gum, tripotassium citrate, tricalcium phosphate, and small quantities of minerals and various other ingredients. All of the products are in powder form, packaged in cardboard canisters, with a net weight of 450 grams. The product labels indicate that the merchandise is mixed with skim milk to produce a meal replacement.

The applicable subheading for the Energy Diet Chocolat will be 1806.90.9090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Chocolate and other food preparations containing cocoa: Other: Other: OtherOther. The duty rate will be 6 percent ad valorem.

The applicable subheading for the Energy Diet Cappuccino will be 2101.12.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Extracts, essences and concentrates of coffee, and preparations with a basis of these extracts, essences or concentrates or with a basis of coffee: Preparations with a basis of extracts, essences or concentrates or with a basis of coffee: Other: Other. The rate of duty will be 8.5 percent ad valorem.

The applicable subheading for the Energy Diet Vanille will be 2106.90.8200, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or includedotherother containing over 10 percent by weight of milk solidsother. The rate of duty will be 6.4 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 John Maria at 646-733-3031.

Sincerely,

Robert B. Swierupski
Director,

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