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NY 868618

December 2, 1991



TARIFF NO.: 2106.90.5040

Mr. Clark D. Bien
Arbor Foods Incorporated
6018 West Maple Road, Suite 888
West Bloomfield, MI 48322

RE: The tariff classification of a mixture of sugar, pectin, and citric acid, from Canada

Dear Mr. Bien:

In your letter dated October 30, 1991, you requested a tariff classification ruling.

A sample accompanied your letter, was examined and disposed of. The product is a mixture of crystalline sugar (98 percent), pectin, and citric acid (one percent each), used by industrial users and retail consumers as an ingredient in jelly and jam making. The mixture will be imported in "standard industrial packaging, including 2000 pound bulk bags and 100 pound paper bags."

The applicable subheading for this merchandise will be 2106.90.5040, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or included...other...subject to quotas established pursuant to Section 22 of the Agricultural Adjustment Act, as amended...provided for in heading 9904.50.40. The duty rate will be 10 percent ad valorem. At this time, there is no allocation for this quota category. The merchandise will, therefore, be prohibited from entering the commerce of the United States.

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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