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NY 882676

February 18, 1993



TARIFF NO.: 1701.91.4020

Ms. Teresa M. Polino
Sandler, Travis & Rosenberg, P.A.
The Waterford
5200 Blue Lagoon Drive
Miami, Florida 33126-2022

RE: The tariff classification of a strawberry milk mix from Canada.

Dear Ms. Polino:

In your letter dated February 5, 1993, on behalf of Hershey Chocolate U.S.A., you requested a tariff classification ruling. This letter will be given confidential treatment based on the facts you supplied to support your claim from exemption from disclosure.

Information was submitted with your initial request dated January 8, 1993. The subject merchandise is a powdered drink mix, which is stated to contain 90 percent pulverized sugar, 9.7 percent Malto Dextrin, .20 percent flavor and .10 percent red dye. The product will be imported packaged for retail sale in 10 ounce plastic containers.

The applicable subheading for the strawberry milk mix will be 1701.91.4020, 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 matter whether or not containing added coloring...beverage bases: put up for retail sale. The duty rate will be 6 percent ad valorem.

Goods classifiable under subheading 1701.91.4020, HTS, which have originated in the territory of Canada, will be entitled to a 3 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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