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NY G84407

December 7, 2000

CLA-2-21:RR:NC:2:228 G84407


TARIFF NO.: 2106.90.9998

Ms. Carole Marticotte
ABK-Gaspesie Inc.
72, rue de Port
Matane, Quebec Canada G4W 3M6

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of food ingredients from Canada; Article 509

Dear Ms. Marticotte:

In your letter dated November 14, 2000, you requested a ruling on the status of food ingredients from Canada under the NAFTA.

The two samples submitted with your letter were examined and disposed of. Asta-Pep2000 is a pink/orange colored powder containing 54-70 percent protein and Asta-Pro2000 is a red/orange colored powder containing 54-58 percent protein. Both also contain Vitamin E and lecithin. The products are obtained by the enzymatic hydrolysis of shrimp shells, separation and concentration of the carotenoproteins by filtration, pasteurization, and drying. They are used as ingredients to enhance flavor and color of a variety of foods. The shrimp shells and enzymes are products of Canada. The vitamin E and the lecithin are of United States origin.

The applicable tariff provision for the Asta-Pep2000 and Asta-Pro2000 will be 2106.90.9998, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for food preparations not elsewhere specified or includedotherother other The general rate of duty will be 6.4 percent ad valorem.

The Asta-Pep2000 and Asta-Pro2000, being wholly obtained or produced entirely in the territory of Canada and the United States, will meet the requirements of HTSUSA General Note 12(b)(i), and will therefore be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

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
National Commodity

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