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NY E87827

October 20, 1999

CLA-2-18:RR:NC:SP:232 E87827


TARIFF NO.: 1806.90.9090; 2106.90.9971

Mr. Travis Hull
434 Delaware Ave.
Buffalo, NY 14202

RE: The tariff classification of hyperproteinic drink mixes from Canada

Dear Mr. Hull:

In your letter dated September 28, 1999, on behalf of Advitech Solutions Inc., in Vanier, Quebec, you requested a tariff classification ruling.

Samples and ingredient breakdowns were submitted with your request. Information was submitted with your initial request dated August 16, 1999. The subject merchandise consists of hot chocolate, lemon, passion fruit and orange hyperproteinic drink mixes. The hot chocolate drink mix is stated to contain 36.20 percent whey protein isolate, 25.55 percent calcium caseinate, 17.03 percent cocoa powder, 8.52 percent milk protein concentrate, 5.96 percent raftilose, 1.83 percent microcrystalline cellulose, 3.62 percent natural and artificial chocolate flavors, and small quantities of xanthan gum, aspartame, ethyl maltol and vitamins. The lemon drink mix contains 74.78 percent whey protein isolate, 17.60 percent polydextrose, 2.29 percent arabic gum, 2.86 natural lemon flavor, and small quantities of natural lime flavor, ethyl maltol, citric acid, aspartame, potassium sorbate, folic acid and vitamins. The passion fruit drink mix contains 73.48 percent whey protein isolate, 17.29 percent polydextrose, 3.89 percent artificial passion flavor, 2.25 arabic gum, and small quantities of citric acid, ethyl maltol, natural and artificial peach flavor, folic acid, aspartame, potassium sorbate, beet powder, turmeric powder and vitamins. The orange drink mix contains 67.97 percent whey protein isolate, 13.99 percent polydextrose, 6.00 percent orange pulp, 4.00 percent milk protein concentrate, 2.20 percent orange juice flavor, 2.08 percent arabic gum, 1.80 percent artificial orange flavor and small quantities of citric acid, ethyl maltol, aspartame, potassium sorbate, beta carotene and vitamins.

The drink mixes will be imported in pouches with a net weight of 23 to 25 grams. There will be 200 pouches packed in a carton. The cartons will be sold to clinics and used for the treatment of obesity. A finished beverage is produced by adding water to the drink mixes.

The applicable subheading for the hot chocolate hyperproteinic drink mix will be 1806.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for Chocolate and other food preparations containing cocoaotherotherotherother. The general rate of duty will be 6.2 percent ad valorem.

The applicable subheading for lemon, passion fruit and orange hyperproteinic drink mixes will be 2106.90.9971, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or included...other...other...preparations for the manufacture of beverages...containing high-intensity sweeteners (e.g., aspartame and/or saccharin).... The general 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 John Maria at 212-637-7059.


Robert B. Swierupski

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