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NY R03951




June 6, 2006

CLA-2-21:RR:NC:N2:228 R03951

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.6400; 2106.90.6600

Ms. Jodi Latner
Livingston International Trade Services, Inc. 258 Sonwil Drive
Buffalo, NY 14225

RE: The tariff classification of a food ingredient from Canada

Dear Ms. Latner:

In your letter dated May 16, 2006, on behalf of Continental Colloids Canada, Inc., you requested a tariff classification ruling.

The product is identified as a “smoothy booster,” an ingredient used by restaurants and other food service establishments to make a “smoothy” drink. The product is said to be composed of approximately 29 percent hydrogenated coconut oil, 21 percent sugar, 19 percent corn syrup solids, 18 percent whey solids, 3 percent “milk ingredients,” 3 percent sodium caseinate, 3 percent coconut solids, 3 percent methyl cellulose, one percent cream flavor, and less than one percent, each, of egg white solids, dipotassium phosphate, mono and diglycerides, coconut flavor, almond bitters, silicon dioxide, and lecithin. The smoothy booster will be imported in 2-kilogram foil laminated pouches.

The applicable subheading for this product, if imported in quantities that fall within the limits described in additional U.S. note 10 to chapter 4, will be 2106.90.6400, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or includedother otherothercontaining over 10 percent by weight of milk solidsother, dairy products described in additional U.S. note 1 to chapter 4described in additional U.S. note 10 to chapter 4 and entered pursuant to its provisions. The rate of duty will be 10 percent ad valorem. If the quantitative limits of additional U.S. note 10 to chapter 4 have been reached, the product will be classified in subheading 2106.90.6600, HTS, and dutiable at the rate of 70.4 cents per kilogram plus 8.5 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 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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