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NY A84756

October 1, 1996

CLA-2-19:RR:NC:FC:228 A84756


TARIFF NO.: 1901.90.4200, 1901.90.4300

Mr. Ernest Ferrante
Kuehne & Nagel, Inc.
10 Exchange Place - 19th Floor
Jersey City, NJ 07302

RE: The tariff classification of baking ingredients from Germany.

Dear Mr. Ferrante:

In your letter dated June 14, 1996, you requested a tariff classification ruling.

Ingredients breakdowns and three samples were submitted with your letter. Two were forwarded to the U.S. Customs laboratory for analysis. All were examined and disposed of. The products are cream colored powders to be used in combination with water to manufacture bake-, freeze-, and thaw-stable fillings. The recommended quantity is approximately 350 grams per 1000 grams of water. Snack Fill (3612) is composed of 27 percent quark powder, 26 percent modified starch, 24 percent sweet whey powder, 10 percent hardened vegetable oil, 6 percent wheat starch, 2.8 percent dried hen's egg white. 2.2 thickener calcium alginate, and 2 percent salt. Snack Fill, Neutral (3621) consists of 40 percent modified starch, 35 percent sweet whey powder, 10 percent hardened vegetable oil, 10 percent malto-dextrin, 4 percent salt, and 1 percent thickener calcium alginate. Snack Fill Extra (3614) is made from 30 percent sweet whey powder, 25 percent whole milk powder, 25 percent modified starch, 10 percent corn starch, 3 percent hardened vegetable fat, 2 percent salt, 2 percent carrageenan, and 1 percent emulsifiers. Snack Fill (3612) will be put up in 5-kilogram cartons, and 10-kilogram bags. Snack Fill, Neutral (3621) will be put up in 20-kilogram bags, and Snack Fill Extra (3614) will be put up in 5-kilogram cartons and 20-kilogram bags.

The applicable subheading for the Snack Fill (3612), Snack Fill, Neutral (3621), and Snack Fill Extra (3614), if imported in quantities that fall within the limits described in additional U.S. note 10 to chapter 4, will be 1901.90.4200, HTS, which provides for food preparations of flour, meal, starch, or malt extract...not containing cocoa powder...not elsewhere specified or included...other...other...dairy products described in additional U.S. note 1 to chapter 4...dairy preparations containing over 10 percent by weight of milk solids...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 products will be classified in subheading 1901.90.4300, HTS, and dutiable at $1.156 per kilogram plus 15.2 percent ad valorem. In addition, products classified in subheading 1901.90.4300, 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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