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NY 872571

April 14,1992

CLA-2-11:S:N:N1:231 872571


TARIFF NO.: 1101.00.0020

Mr. J.C. Sharpe
Sunshine Feed & Grain Co., Inc.
Niagara Frontier Building
290 Main Street
Buffalo, N.Y. 14202

RE: The tariff classification of durum wheat second clear flour from Canada.

Dear Mr. Sharpe:

In your letter dated February 27, 1992 you requested a tariff classification ruling.

The product, durum wheat second clear flour, contains 1.12 percent ash, 69 percent starch and a 100 percent rate of passage through an aperture of 315 micrometers.

The applicable subheading for the durum wheat second clear flour will be 1101.00.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for wheat or meslin flour: durum wheat. The rate of duty will be 1.1 cents per kilogram.

Goods classifiable under subheading 1101.00.0020, HTS, which have originated in the territory of Canada, will be entitled to a rate of duty of 0.6 cents per kilogram under the United States- Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

Additional requirements may be imposed on this product by the Food and Drug Administration. You may contact the FDA at:

Food And Drug Administration
Division of Regulatory Guidance
200 C Street, S.W.
Washington, D.C. 20204

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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