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NY B80259

December 11, 1996

CLA-2-21:RR:NC:2:228 B80259


TARIFF NO.: 2106.90.9500; 2106.90.9700

Ms. April J. Collier
Nippon Express U.S.A., Inc.
18303 8th Avenue South
Seattle, WA 98148

RE: The tariff classification of a surimi ingredient from Thailand

Dear Ms. Collier:

In your letter dated November 27, 1996, on behalf of Tokai Denpun USA, Inc., you requested a tariff classification ruling.

The article is described in your letter as an ingredient used in the production of a surimi product, artificial crab. The stated ingredients are 53.23 percent sorbitol, 43 percent sugar, 1.61 percent each of sodium pyrophosphate and sodium tripolyphosphate, and less than one percent glycerol fatty acid ester.

The applicable subheading for the surimi ingredient, if imported in quantities that fall within the limits described in additional U.S. note 8 to chapter 17, will be 2106.90.9500, Harmonized Tariff Schedules of the United States (HTS), which provides for food preparations not elsewhere specified or included...other...other...other...articles containing over 10 percent by dry weight of sugar described in additional U.S. note 3 to chapter 17...described in additional U.S. note 8 to chapter 17 and entered pursuant to its provisions. The rate of duty, in 1996 and 1997, will be 10 percent ad valorem. If the quantitative limits of additional U.S. note 8 to chapter 17 have been reached, the product will be classified in subheading 2106.90.9700, HTS, and dutiable at the rate of 32.2 cents per kilogram, plus 9.5 percent ad valorem. In 1997, the rate of duty will be 31.4 cents per kilogram, plus 9.2 percent ad valorem. In addition, products classified in subheading 2106.90.9700, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.17.49 to 9904.17.56, 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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