CLA-2-11:RR:NC:2:228 C83049

Sammy Leung
Advance Shipping Company, Inc.
30 Vesey Street
New York, NY 10007-2984

RE: The tariff classification of prepared gluten from Taiwan.

Dear Mr. Leung:

In your letter dated December 31, 1997, on behalf of Tai Wing Hong Importer, Inc., Brooklyn, NY, you requested a tariff classification ruling.

A sample and an ingredients breakdown were submitted with your letter. The product is fried gluten with soft whole peanuts in a liquid medium, put up in cans containing 120 grams, net weight. It is said to consist of 41.7 percent fried gluten, 37.5 percent soy sauce, 12.5 percent sugar, and 8.3 percent peanuts.

The applicable subheading for the fried gluten with peanuts will be 2106.90.9990, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or included...other...other...canned. The rate of duty will be 7.6 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 Stanley Hopard at 212-466-5760.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division