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NY M85729

September 7, 2006

CLA-2-21:RR:NC:N2:228 M85729


TARIFF NO.: 2106.90.8200; 2106.90.9995

Mr. Bob Kerr
Marlow Foods Limited
Station Road, Stokesley
North Yorkshire TS9 7AB England

RE: The tariff classification of food preparations from the United Kingdom and Holland

Dear Mr. Kerr:

In your letters dated June 13, 2006 and August 2, 2006 you requested a tariff classification ruling.

Ingredients breakdowns were provided with your letters. Quorn Chipotle & Lime Dippers and Quorn Goats Cheese & Cranberry Cutlet are prepared food products whose principle ingredient is “myco-protein,” a dough-like material collected by growing plants of the Fusarium species on glucose syrup. The cutlets are composed of myco-protein, goat cheese, “vegetarian soft cheese,” bread crumbs, dried cranberries, batter, vegetable oil, onions, egg whites, and trace amounts (less than one percent, each) of several other ingredients. The dippers are composed of myco-protein, egg powder, wheat flour, onions. vegetable oil, wheat gluten, milk protein, corn flour, dextrose, yeast, and trace amounts of several other ingredients. The products will be imported in frozen condition, packed in retail cartons holding 300 or 240 grams.

The applicable subheading for the Quorn Goats Cheese & Cranberry Cutlet will be 2106.90.8200, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or includedother othercontaining over 10 percent by weight of milk solidsotherother. The rate of duty will be 6.4 percent ad valorem

The applicable subheading for the Quorn Chipotle & Lime Dippers will be 2106.90.9995, HTSUS, which provides for food preparations not elsewhere specified or includedotherotherfrozen. The rate of duty will be 6.4 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 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 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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