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NY 852643

MAY 24, 1990

CLA-2-19:S:N:N1:228 852643


TARIFF NO.: 1901.90.8070

Mr. Victor M. Morales
Fermin R. Morales, Inc.
P.O. Box 2050
Old San Juan Station
San Juan, Puerto Rico 00903-2050

RE: The tariff classification of a beverage mix from Chile.

Dear Mr. Morales:

In your letter dated May 10, 1990, on behalf of Nutrexpa, Inc., Santurce, Puerto Rico, you requested a tariff classification ruling.

An ingredients breakdown and a sample were submitted with your letter. The product, "Phosky", is described as a powdered food product, said to consist of 74 percent sugar, 25 percent starch, and less than one percent each of fruit concentrate, essences, tricalcic phosphate, coloring, salt, and vitamins A, B1, and C. The powder, when mixed with milk in a ratio of 3 teaspoons per 250cc glass of milk, creates a potable beverage. "Phosky" will be imported both in bulk and put up for retail sale.

The applicable subheading for the beverage mix will be 1901.90.8070, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations of flour, meal, starch or malt extract, not containing cocoa powder...other...subject to quotas established pursuant to section 22 of the Agricultural Adjustment Act, as amended...provided for in subheading 9904.60.60. The rate of duty will be 10 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177). A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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