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NY R01390





February 16, 2005

CLA-2-21:RR:NC:2:228 R01390

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.8200

Ms. Heather Marcaccini
Cargill, Inc.
P.O. Box 5626
Minneapolis, MN 55440-5626

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

Dear Ms. Marcaccini:

In your letter dated February 4, 2005, you requested a ruling on the status of confectionery coatings from Canada under the NAFTA.

Ingredients breakdowns and a description of the manufacturing process were submitted with your letter. The products are described as confectionary coatings in six different colors. Each coating consists of approximately 55 percent sugar, 30 percent palm kernel oil (partially hydrogenated), 8 percent non fat milk powder, 7 percent whole milk powder, and less than one percent each of lecithin, vanillin, salt, and coloring. The sugar will be a product of the Philippines and Costa Rica, the palm kernel oil is from Malaysia, and the milk powders, color, lecithin, flavor, and salt are from Canada. In Canada the sugar is mixed with the other ingredients, cooled, broken or cut into pieces, and imported into the United States in bulk form.

The applicable subheading for the coatings will be 2106.90.8200, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for food preparations not elsewhere specified or includedothercontaining over 10 percent by weight of milk solidsotherother. The general rate of duty will be 6.4 percent ad valorem.

Each of the non-originating materials used to make the coatings have satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/21.14. The confectionary coatings, when classified in subheadings 2106.90.8200, HTS, will be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

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 646-733-3029.

Sincerely,

Robert B. Swierupski
Director,

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