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NY 857631

Nov 15, 1990

CLA-2-21:S:N:N1:228

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.6099

Ms. Sherri Maraney
Loma Linda Foods, Inc.
11503 Pierce Street
Riverside, CA 92505

RE: The tariff classification of infant formula preparations from The Netherlands

Dear Ms. Maraney:

In your letters dated October 23, 1990 and September 24, 1990, you requested a tariff classification ruling.

Ingredients breakdowns for three products were submitted. Almiron Pepti and Pepti Junior are nutritionally complete, powdered food preparations containing whey protein hydrolysate, vegetable oils, glucose or lactose, vitamins and minerals. They are indicated for administration, after reconstitution, to infants and children sensitive to or unable to digest and absorb whole proteins. Nutri Junior, also in powder form, contains free amino acids, corn syrup, vegetable oils, vitamins and minerals, and is indicated for infants and children with severe food allergy.

The applicable subheading for the powdered infant formula preparations will be 2106.90.6099, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or included...other...other...other. 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.

Sincerely,

Jean F. Maguire
Area Director

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