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NY C88020




May 28, 1998

CLA-2-21:RR:NC:2:231 C88020

CATEGORY: CLASSIFICATION

TARIFF NO.: 2105.00.5000

Ms. Kathryn Moss
Tower Group International, Inc.
128 Dearborn Street
Buffalo, NY 14207-3198

RE: The tariff classification of frozen dessert from Canada.

Dear Ms. Moss:

In your letter, dated May 13, 1998, you have requested a tariff classification ruling on behalf of your client, Nestle USA, Solon, OH.

The products, which are called, "Rainbow Rockpops Ice Pops," are frozen dessert treats. The ingredients are water, sugar, corn syrup, guar gum, carrageenan, natural and artificial flavors, citric acid, and coloring. There is no milk fat in this product. Each ice pop weighs 4.5 fluid ounces, and it is packed in a polypropylene wrapper.

The applicable subheading for "Rainbow Rockpops Ice Pops" will be 2105.00.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for ice cream and other edible ice, whether or not containing cocoa, other, other. The general rate of duty will be 18 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 Ralph Conte at (212) 466-5759.

Sincerely,

Robert B. Swierupski
Director

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