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NY N016104

August 30, 2007



TARIFF NO.: 1901.90.90

Mr. Andrew Buege
Kerry Bio-Science
5115 Sedge Blvd.
Hoffman Estates, IL 60192

RE: The tariff classification of a food ingredient

Dear Mr. Buege:

In your letter dated August 21, 2007 you requested a tariff classification ruling.

Technical information was submitted with your letter. “Upgrade™ WS” is described as a tan to off-white colored free-flowing powder, prepared from fermented wheat starch spray-dried and blended with wheat flour. It is said to be a multi-functional food ingredient used in a variety of baked goods yeast-raised products.

The applicable subheading for this product will be 1901.90.90, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations of flour, groats, meal, starch or malt extract, not containing cocoanot elsewhere specified or includedotherother.

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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