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NY 860769

MAR 12 1991



TARIFF NO.: 2101.10.4060

Mr. Lewis E. Leibowitz
Hogan & Hartson
Columbia Square
555 Thirteenth Street NW
Washington, DC 20004-1109

RE: The tariff classification of an instant coffee mixture from Canada.

Dear Mr. Leibowitz:

In your letter dated February 15, 1991, on behalf of Nestle/Hills Bros. Coffee Company, you requested a tariff classification ruling. This letter will be given confidential treatment based on the facts you supplied to support your claim for exemption from disclosure.

Samples were included with your request. The subject merchandise is stated to contain 27.60 percent sugar and 13.50 percent instant coffee, in addition to various amounts of glucose syrup, nonfat dry milk powder, canola oil, casein, dipotassium phosphate, and carboxymethyl cellulose. The product is in a dry powder form, and will be packaged and labeled for retail sale. A finished beverage is produced by adding the merchandise to hot water.

The applicable subheading for the instant coffee mixture will be 2101.10.4060, Harmonized Tariff Schedule of the United States (HTS), which provides for extracts, essences and concentrates of coffee, and preparations with a basis of these extracts, essences or concentrates or with a basis of coffee...other...subject to quotas established pursuant to section 22 of the Agriculture Adjustment Act, as amended...provided for in subheading 9904.60.60. The duty rate will be 10 percent ad valorem.
Goods classifiable under subheading 2101.10.4060, HTS, which have originated in the territory of Canada, will be entitled to a 7 percent ad valorem rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

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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