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NY E84547

August 3, 1999

CLA-2-21:RR:NC:2:228 E84547


TARIFF NO.: 2106.90.6400; 2106.90.6600

Mr. Thomas May
Trugman-Nash, Inc.
90 West Street
New York, NY 10006

RE: The tariff classification of food ingredients from Australia

Dear Mr. May:

In your letter dated July 8, 1999 you requested a tariff classification ruling.

Four products are described in your letter. Two are blends of anhydrous milk fat and sugar (89 percent milkfat/11 percent sugar and 95 percent milkfat/5 percent sugar) and two are blends of anhydrous milk fat with skim milk powder (89 percent milkfat/11 percent skim milk powder and 95 percent milkfat/5 percent skim milk powder). The blends will be imported in bulk containers and used in the production of human foods.

The applicable subheading for the anhydrous milkfat/sugar and anhydrous milkfat/skim milk powder blends, if imported in quantities that fall within the limits described in additional U.S. note 10 to chapter 4, will be 2106.90.6400, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or includedothercontaining over 10 percent by weight of milk solids...other, dairy products described in additional U.S. note 1 to chapter 4...described in additional U.S. note 10 to chapter 4 and entered pursuant to its provisions. The rate of duty will be 10 percent ad valorem. If the quantitative limits of additional U.S. note 10 to chapter 4 have been reached, the product will be classified in subheading 2106.90.6600, HTS, and dutiable at the rate of 72.5 cents per kilogram plus 8.8 percent ad valorem. In addition, products classified in subheading 2106.90.6600, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.04.59 to 9904.04.66, HTS.

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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