International Freight Forwarders/Customhouse Brokers

NY G88477

March 28, 2001

CLA-2-18:RR:NC:SP:232 G88477

CATEGORY: Classification

TARIFF NO.: 1806.20.9900; 2101.12.9000

Mr. Parul (Alisha) Khona SDV (USA) Inc. International Freight Forwarders/Customhouse Brokers 150-10 132nd Avenue Jamaica, NY 11434

RE: The tariff classification of Powdered Drink Mixes from France

Dear Mr. Khona:

In your letter dated March 13, 2001, on behalf of KOT Ceprodi SA of Paris, France, you requested a tariff classification ruling.

You included descriptive literature with your request. You had previously submitted samples of two products. The merchandise in question is “KOT” powdered dietetic drink mix, two varieties of which are studied here. The blended powders will be shipped in 20 kg barrels and will be packaged for retail sale after importation. The chocolate drink mix is stated to contain 80 percent milk protein, 10 percent cocoa powder, 6 percent fructose, 3 percent flavor, and traces of thickeners. The coffee drink mix is stated to consist of 75 percent milk protein, 10 percent flavor, 5 percent coffee powder, 3 percent fructose, 4 percent egg white powder, and traces of thickeners and salt.

The applicable subheading for the chocolate drink mix will be 1806.20.9900, Harmonized Tariff Schedule of the United States (HTS), which provides for Chocolate and other food preparations containing cocoa: Other preparations in blocks, slabs or bars, weighing more than 2 kg or in liquid, paste, powder, granular or other bulk form in containers or immediate packings, of a content exceeding 2 kg: Other: Other: Other: Other. The rate of duty will be 8.5 percent ad valorem. The applicable subheading for the coffee drink mix will be 2101.12.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for Extracts, essences and concentrates of coffee, tea or mate and preparations with a basis of these products or with a basis of coffee, tea or mate; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof: Extracts, essences and concentrates of coffee, and preparations with a basis of these extracts, essences or concentrates or with a basis of coffee: Preparations with a basis of extracts, essences or concentrates or with a basis of coffee: Other: Other. The rate of duty will be 8.5 percent ad valorem.

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 John Maria at (212) 637-7059.

Sincerely,

Robert B. Swierupski Director, National Commodity Specialist Division