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NY 892540

December 1, 1993



TARIFF NO.: 1701.91.4080

Mr. Bill Lawlor
Select Ingredients
263 N. Forman St.
Detroit, Michigan 48209

RE: The tariff classification of carob mixes from Canada.

Dear Mr. Lawlor:

In your letter dated October 1, 1993 you requested a tariff classification ruling.

A sample was included with your request. The subject merchandise will be manufactured in two formulations: 89.5 percent sugar and 10.5 percent carob and 94 percent sugar and 6.0 percent carob. The products will be packaged in industrial 100 pound bags or in 2000 pound bulk bags and used in the production of confectioner's coatings.

The applicable subheading for the carob mixes will be 1701.91.4080, 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... other...other. The duty rate will be 6 percent ad valorem.

These products are subject to the absolute quota quantity restrictions provided for under subheading 9904.50.40, HTS.

Goods classifiable under subheading 1701.91.4080, 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. Sincerely,

Jean F. Maguire
Area Director

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