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NY 867616

OCT 17, 1991



TARIFF NO.: 1701.91.4000

Mr. William J. Maloney
Rode & Qualey
Attorneys at Law
295 Madison Avenue
New York, NY 10017

RE: The tariff classification of various powdered beverage mixes from Canada.

Dear Mr. Maloney:

In your letter dated October 7, 1991, on behalf of your client Kraft General Foods, Inc., and its subsidiary, General Foods Corporation, you requested a tariff classification ruling.

Information was submitted with your initial request dated October 1, 1991. The subject merchandise consists of four types of powdered beverage mixes which will be imported in various flavors. Country Time mix will be imported in lemonade and pink lemonade flavors; Kool-Aid will be imported in tropical punch, grape, cherry and orange flavors; Twist will be imported in grape, lemonade, punch, orange and pink lemonade flavors; Tang will be imported in natural orange flavor. All of the products contain over 85 percent by weight sugar with various quantities of acids, flavor, color, and other ingredients which may include gums, emulsifiers, preservatives, vitamins, neutralizing agents and stabilizers. The subject merchandise will be imported in bulk, packed in corrugated cardboard totes, holding 2,000 pounds of the product. These items are complete as imported, and require only the addition of water to make a beverage.

The applicable subheading for the powdered beverage mixes will be 1701.91.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for cane or beet sugar and chemically pure sucrose, in solid form...other...containing added flavoring or coloring matter...containing added flavoring matter whether or not containing added coloring. The duty rate will be 6 percent ad valorem. Currently, these products are not subject to any quota restrictions.

Goods classifiable under subheading 1701.91.4000, HTS, which have originated in the territory of Canada, will be entitled to a 4.2 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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