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March 24, 1999

CLA-2-19:RR:NC:2:228 D88689


TARIFF NO.: 1901.90.9095

Mr. Devin Nielson
Wats, Inc. (dba Mountain Green Nutriments) 5880 Highland Dr.
Mountain Green, UT 84050

RE: The tariff classification of drink preparations from Thailand.

Dear Mr. Nielson:

In your letter dated March 1, 1999, you requested a tariff classification ruling.

The samples submitted with your first letter were examined and disposed of. Ingredients breakdowns and a description of the manufacturing processes accompanied your second letter. The products are health drink preparations. NUTRIblend-1000 is a green colored powder composed of 55 percent ground rice, 30 percent corn flour, 10 percent soy flour, 4.75 percent Pandanus Amaryllifolius Roxb, and 0.25 percent spirulina, packed in a plastic pouch inside a plastic container containing 300 grams, net weight. Dhammarak is a yellow colored powder consisting of 65 percent ground rice, 20 percent corn flour, 10 percent soy flour, 2.49 percent each of hydrolyzed Allium Sativum and hydrolyzed Curcuma Domestica packed in a plastic pouch containing 500 grams, net weight. The health drinks are prepared by dissolving 1-2 teaspoon(s) of the products in hot water, and consumed between 2-4 times daily.

The applicable subheading for the NUTRIblend-1000 and Dhammarak will be 1901.90.9095, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations of flour, meal, starch or malt extract, not containing cocoa...not elsewhere specified or included... other...other...other. The rate of duty will be 7 percent ad valorem.

Articles classifiable under subheading 1901.90.9095, HTS, which are products of Thailand, are entitled to duty-free treatment under the Generalized System of Preferences (GSP), upon compliance with all applicable regulations.

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 212-637-7065.


Robert B. Swierupski

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