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NY K86850

June 9, 2004
CLA-2-21:RR:NC:2:228 K86850


TARIFF NO.: 2106.90.6400; 2106.90.6600

Ms. Lynn Prebis
Buckland Global Trade Services, Inc.
Peace Bridge Plaza
Buffalo, NY 14213

RE: The tariff classification of flavorings from Canada

Dear Ms. Prebis:

In your letter dated April 6, 2004, on behalf of Wild Flavors, Inc., Erlanger, KY, you requested a tariff classification ruling.

Samples and ingredients breakdowns accompanied your letter. Additional information and samples were submitted by Wild Flavors, Inc., in a letter dated June 1, 2004. All samples were examined and disposed of. The products are powders, used as the flavoring ingredients in the production of salad dressings. Product no. 211937 Bacon Ranch Flavor System is an off-white powder composed of 32-37 percent nonfat milk, 17-22 percent salt, 16-21 percent maltodextrin, 4-7 percent monosodium glutamate, 3-6 percent each of garlic powder and autolyzed yeast powder, 2-5 percent sour cream, 1-4 percent each of sugar and onion powder, and less than 3 percent each of tapioca dextrin, egg yolks, spice, lactic acid, modified starch, gum arabic, corn syrup, flavors, and yeast. Product no. 211942 Southwest Ranch Flavor System is an orange-colored powder containing 24-29 percent maltodextrin, 19-24 percent salt, 18-22 percent buttermilk, 4-7 percent soybean oil, 3-7 percent each of garlic powder and spice, 2-4 percent chili powder, 1-4 percent each of autolyzed yeast extract, onion powder, and sugar, 1-3 percent each of whey, tapioca dextrin, and flavor, and less than one percent each, of cottonseed oil, egg yolks, lactic acid, starch, sodium caseinate, corn syrup, silicon dioxide, disodium phosphate, jalapeno powder, smoke flavor and color. The “flavor systems” will be imported in 50-pound cartons and sold to food service establishments, who will mix them with a salad dressing base to make the complete salad dressing. The flavor system ingredient will comprise 11 or 15 percent of the finished dressing.

The applicable subheading for the Bacon Ranch and Southwest Ranch Flavor System, 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 includedotherothercontaining over 10 percent by weight of milk solidsother, dairy products described in additional U.S. note 1 to chapter 4described 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 products 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.

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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