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NY D85611




December 9, 1998

CLA-2-21:RR:NC:2:228 D85611

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9997

Mr. Clark D. Bien
Total Foods Corporation
6018 West Maple Road
West Bloomfield, MI 48322

RE: The tariff classification of peanut-flavored chips from Canada

Dear Mr. Bien:

In your letter dated December 1,1998 you requested a tariff classification ruling.

One sample and two ingredients breakdowns were submitted with your letter. The sample was examined and disposed of. The products, described as "peanut flavored coating chips," are small, tan-colored, conical-shaped articles said to be composed of 50 percent sugar, 30 percent hydrogenated palm kernal oil, 15 percent peanut meal or peanut flour, and 5 percent skim milk powder. The chips will be imported for sale to candy and confectionery manufacturers.

The applicable subheading for the peanut-flavored chips will be 2106.90.9997, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or included...other...other...containing sugar derived from sugar cane and/or sugar beets. The rate of duty will be 7.6 percent ad valorem. Effective January 1, 1999, the rate of duty will be 7 percent ad valorem.

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.

Sincerely,

Robert B. Swierupski
Director,

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