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NY N014279

July 23, 2007



TARIFF NO.: 2106.90.9990

Mr. Scott Myers
Looking Glass Enterprises
P.O. Box 2002
Titusville, FL 32780

RE: The tariff classification of condensed soy milk from Brazil

Dear Mr. Myers:

In your letter dated July 15, 2007, on behalf of Black Duck Imports, LLC, Titusville, FL, you requested a tariff classification ruling.

A list of ingredients and an illustration of the packaging were submitted with your letter. Condensed Soya is a liquid food product presented as an alternative to condensed milk. The stated ingredients are sugar, water, palm oil, soy extract, corn syrup, salt, flavoring, and stabilizer. The shelf stable product is packed for retail sale in metal cans holding 330 grams, net weight, and used as an ingredient in a variety of food products.

The applicable subheading for this product will be 2106.90.9990, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or includedotherothercanned. 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/.

Articles classifiable under subheading 2106.90.9990, HTSUS, which are products of Brazil are currently entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP".

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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