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NY 847486

CLA-2-19:S:N:N1:228 847486


TARIFF NO.: 1901.90.8040

Mr. L. R. Johnson
Australian Bakels (Pty) Ltd.
P.O. Box 147
Lidcombe, NSW 2141 Australia

RE: The tariff classification of an icing premix from Australia.

Dear Mr. Johnson:

This classification decision under the Harmonized Tariff Schedule of the United States (HTS) is being issued in accordance with the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

DATE OF INQUIRY : October 4, 1989 and November 9, 1989.

MERCHANDISE : A powder, said to be composed of 29.5 percent sucrose, 27.8 percent gum tragacanth, 25.1 percent non fat milk solids, 6.4 percent modified starch, 5.35 percent each of titanium dioxide and potassium sorbate, and .5 percent vanillin. The powder is described as a concentrate or premix from which an icing will be made.

HTS PROVISION : Food preparations of goods of headings 0401 to 0404, not containing cocoa powder... other...other...subject to quotas established pursuant to section 22 of the Agricultural Adjustment Act, as amended...provided for in subheading 9904.10.75.

HTS SUBHEADING : 1901.90.8040
RATE OF DUTY : 10 percent ad valorem. However, since the quota quantity is "none", this merchandise will be prohibited from entering the commerce of the United States.

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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