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NY F81323

February 2, 2000

CLA-2-21:RR:NC:2:228 F81323


TARIFF NO.: 2106.90.64, 2106.90.66

Ms. Kit Phillips
Golden Select Foods
5743 Smithway Street #305
Commerce, CA 90040

RE: The tariff classification of a cheese flavored filling.

Dear Ms. Phillips:

In your letter dated December 22, 1999, you requested a tariff classification ruling.

An ingredients breakdown accompanied your letter. Rich Cheddar Filling #1215 is composed of 36 percent water, 24 percent cheese powder, 10 percent glycerine, 10 percent sugars and maltodextrines, 5 percent added fat, 5 percent salt and flavors, 4 percent starch, 4 percent cream, and 2 percent gum. The product will be used as a filling for croissants.

The applicable subheading for the Rich Cheddar Filling #1215, if imported in quantities that fall within the limits described in additional U.S. note 10 to chapter 4, will be 2106.90.64, HTS, which provides for food preparations not elsewhere specified or included...other...containing 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. If the quantitative limits of additional U.S. Note 10 to chapter 4 have been reached, the product will be classified in subheading 2106.90.66, HTS.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

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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