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NY K81957

January 13, 2004
CLA-2-21:RR:NC:2:228 K81957


TARIFF NO.: 2106.90.6400, 2106.90.6600

Mr. Flemming Soderlund
Bang & Soderlund, Inc.
P.O. Box 2727
Bonita Springs, FL 34133-2727

RE: The tariff classification of an anhydrous milk fat blend from Canada, Denmark, or Germany.

Dear Mr. Soderlund:

In your letter dated December 10, 2003, you requested a tariff classification ruling.

The product is a blend of 99 percent anhydrous milk fat and one percent of one or a mixture of, granulated or confectionery sugar, lactose, dextrose, malto dextrin, skim milk powder, whole milk powder, butter milk powder, whey protein concentrate, milk protein concentrate, casein, caseinate, beta carotene, citric acid, disodium or trisodium phosphate, salt, cocoa butter, and vegetable oil.

The applicable subheading for this product, 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 includedother containing over 10 percent by weight of milk solidsotherdairy products described in additional U.S. note 1 to chapter 4described in additional U.S. note10 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 70.4 cents per kilogram plus 8.5 percent ad valorem. In addition, products Denmark or Germany, 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 646-733-3029.


Robert B. Swierupski

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