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NY B80281

January 3, 1997

CLA-2-19:RR:NC:2:228 B80281


TARIFF NO.: 1901.90.9095

Ms. Barbara Hutton
McCarthy Consultant Services Inc.
1151 Gorham Street, Unit 8
Newmarket, Ontario, Canada L3Y 7V1

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of a food ingredient from Canada; Article 509

Dear Ms. Hutton:

In your letters dated July 10, 1996, and December 5, 1996, on behalf of Ault foods Ltd., Etobicoke, Ontario, Canada, you requested a ruling on the status of a food ingredient from Canada under the NAFTA.

Technical literature was submitted with your letter. "Eggstend 200" is said to be in powder form, and composed of between 40 and 50 percent maltodextrin, between 40 and 60 percent whey protein concentrate, between 3 and 10 percent salt, and between 1 and 5 percent xanthan gum. The product, packed in 25-kilogram, poly-lined, kraft paper bags, is used as an ingredient in bakery applications, as an egg replacer. Eggstend 200 is manufactured in Canada from ingredients that are products of Canada or the United States.

The applicable tariff provision for the food ingredient will be 1901.90.9095, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for food preparations of goods of headings 0401 to 0404...other...other...other. The general rate of duty will be 8.2 percent ad valorem.

The food ingredient, being wholly obtained or produced entirely in the territory of Canada and the United States, will meet the requirements of HTSUSA General Note 12(b)(i), and will therefore be entitled to a 1 percent ad valorem rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

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.


Gwenn Klein Kirschner
Chief, Special Products

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