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NY 802801

October 17, 1994

CLA-2-17:S:N:N7:232 802801


TARIFF NO.: 1701.91.4080

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

RE: The tariff classification of a blueberry flavored and colored sugar from Canada.

Dear Mr. Bien:

In your letter dated September 23, 1994 you requested a tariff classification ruling.

A sample was included with your request. The subject merchandise is stated to contain 99.3 percent sugar, 0.5 percent artificial flavor and 0.2 percent artificial color. The product is incorporated into breakfast cereals and bakery items. It will be imported in 2,000 pound bulk bags and 100 pound paper bags.

The applicable tariff provision for the blueberry flavored and colored sugar will be 1701.91.4080, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), 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...other...other. The general rate of duty will be 6 percent ad valorem. In addition, this merchandise is subject to the absolute quota restrictions provided for under item 9904.50.40, HTS.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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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