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NY N021846




January 16, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.8200

Mr. Arturo Salgado
5724 N. Inkster Road
Dearborn Heights, MI 48127

RE: The tariff classification of diet shake mixes from Mexico

Dear Mr. Salgado:

In your letters dated November 27, 2007 and January 8, 2008 you requested a tariff classification ruling.

Two samples were submitted with your first letter and an ingredients breakdown accompanied your January correspondence. The samples were examined and disposed of. Esbelt Diet Shake Mix, prepared in seven flavors – strawberry, chocolate, banana, mango, melon, French vanilla, and cappuccino – is a food product in powder form, put up for retail sale in plastic jars containing 750 grams, net weight. The mix is composed of 74.7 percent dextrose, 5.9 percent milk serum, 5.4 percent maltodextrin, 4.3 percent nonfat milk powder, 3.5 percent each of oat fiber and soy fiber, 1.1 percent xanthan gum, and less than one percent, each, of guar gum, carboxymethylcellulose, artificial flavor, a vitamin and mineral premix, and sucralose. Package instructions direct the user to combine one scoop of mix with 8 ounces of nonfat milk to create a nutritious, low calorie, meal replacement.

The applicable subheading for the Esbelt Diet Shake Mix 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 solidsotherother. 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 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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