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NY R03636




April 24, 2006

CLA-2-21:RR:NC:2:228 R03636

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9998, 3824.90.9190

Mr. Ramon Larumbe
Bertha A. Martinez, Inc.
1420 Santa Cleotilde Avenue
Laredo, TX 78040

RE: The tariff classification of food ingredients from Mexico.

Dear Mr. Larumbe:

In your letter dated April 3, 2006, on behalf of Rogelio Cavazos, Laredo, TX, you requested a tariff classification ruling.

Ingredients breakdowns for four products, used as ingredients in the production of corn tortilla dough, were submitted with your letter. Item no. FXCO-2500, described as an acid preservative, is composed of 30 percent salt, 30 percent flour, 13.14 percent each of fumaric acid, sorbic acid, and benzoic acid, and 0.58 percent silicon dioxide. Item no. FXTE-500, a thickener, is composed of 57.38 percent flour, 24.59 percent guar gum, 16.39 percent sodium carboxymethyl cellulose, and 1.64 percent silicon dioxide. Item no. FXDO-3022, an anti-caking ingredient, contains 42.65 percent sorbitol, 39.95 percent glycerin, 13.32 percent water, 3.99 percent salt, and 0.09 percent artificial flavor. Item no. FXCO-2518, an alkaline preservative, contains 71.73 percent calcium sulfate, 20 percent calcium hydroxide, 5.59 percent methylparaben, and 2.68 percent propylparaben. The four products are put up in packages containing between 0.7 and 3.23 kilograms, net weight.

The applicable subheading for Item nos. FXTE-500 FXCO-2500 and FXDO-3022 will be 2106.90.9998, HTSUS, which provides for food preparations not elsewhere specified or includedotherotherother. The rate of duty will be 6.4 percent ad valorem.

The applicable subheading for Item no. FXCO-2518 will be 3824.90.9190, HTSUS, which provides for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or includedother. The rate of duty will be 5% 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 Stanley Hopard at 646-733-3029.

Sincerely,

Robert B. Swierupski
Director,

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