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HQ H010443

July 16, 2007


H010443 ARM

Michael E. Roll
Pisani & Roll
1875 Century Park East, Suite 600
Los Angeles, CA 90067

RE: Tariff Classification of Light Dairy Spread

Dear Mr. Roll:

This is in reference to your request on behalf of Fonterra (USA), Inc., dated March 26, 2007, to the Director, National Commodity Specialist Division, requesting a binding ruling on the correct tariff classification of a light dairy spread under the Harmonized Tariff Schedule of the untied states. (“HTSUS”). Your request was forwarded to our office for reply. We regret the delay in responding.

As you know, certain published rulings are being reconsidered so that we do not have in force rulings that may be inconsistent with our current views. In the February 7, 2007, Customs Bulletin, Vol. 41, No. 7, we published a notice of revocation pursuant to 19 U.S.C. 1625(c) to revoke two rulings about which you have commented. We are considering the final publication of the revocation in light of the comments we have received. In this manner we believe we can best meet our obligations regarding the sound administration of the HTSUS and other customs and related laws. See 19 C.F.R. 177.7(a).

On publication of the final ruling, if you still wish you may resubmit your request for a prospective ruling to CBP, National Commodity Specialist Division, One Penn Plaza, 10th Floor, New York, NY 10119. The above referenced file is administratively closed. If you require further information, please feel free to contact Allyson Mattanah, to whom this matter has been assigned, at (202) 572-8784.


Gail A. Hamill, Chief
Tariff Classification and Marking Branch

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