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NY A80624

March 14, 1996

CLA-2-19:RR:NC:FC:228 A80624


TARIFF NO.: 1901.90.4600, 1901.90.4700

Ms. Sue Saunders
D. Kratt International, Inc.
P.O. Box 66567
Chicago, Il 60607

RE: The tariff classification of a beverage ingredient from the Netherlands.

Dear Ms. Saunders:

In your letter dated February 13, 1996, on behalf of DMV USA, La Crosse, WI, you requested a tariff classification ruling.

An ingredients breakdown and a sample accompanied your letter. The sample was examined and disposed of. The product, is a white liquid, consisting of 59 percent water, 18.5 percent sucrose, 12.1 percent cream, 8 percent milk protein concentrate, 1 percent citrus pectin, 0.5 percent lactic acid, and 0.5 percent concentrated lemon juice. It is to be used with fruit juices, soft drinks, beer, and wine, as an ingredient in the preparation of beverages to give the final product a cloudy, creamy, milky texture and appearance.

The applicable subheading for the beverage ingredient, if imported in quantities that fall within the limits described in additional U.S. note 10 to chapter 4, will be 1901.90.4600, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations of goods of headings 0401 to 0404, not containing cocoa powder...not elsewhere specified or included... other...dairy products described in additional U.S. note 1 to chapter 4...other...described in additional U.S. note 10 to chapter 4 and entered pursuant to its provisions. The rate of duty will be 16 percent ad valorem. If the quantitative limits of additional U.S. note 10 to chapter 4 have been reached, the product will be classified in subheading 1901.90.4700, HTS, and dutiable at the rate of $1.156 per kilogram plus 15.2 percent ad valorem. In addition, products classified in subheading 1901.90.4700, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.04.67 to 9904.04.74, HTS.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Stanley Hopard at 212-466-5760.


Roger J. Silvestri

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