CLA-2-21:RR:NC:2:228 H89437
Mr. Stephen Starzec
Hoogwegt U.S., Inc.
724 Florsheim Drive
P.O. Box 459
Libertyville, IL 60048-0459
RE: The tariff classification of confectionery mixes from Australia
Dear Mr. Starzec:
In your letter dated March 7, 2002 you requested a tariff classification ruling.
Samples and specification sheets were submitted with your letter. The samples were examined and disposed of. Sweet Confectionery Mix and Salted Confectionery Mix are yellow-colored, soft pastes, packed for industrial use in plastic-lined cartons. Sweet Confectionery Mix is composed of 95 percent anhydrous milk fat and 5 percent granulated sugar. Salted Confectionery Mix is composed of 95 percent anhydrous milk fat and 5 percent salt.
The applicable subheading for both products, if imported in quantities that fall within the limits described in additional U.S. note 10 to chapter 4, will be 2106.90.6400, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or included…other…containing over 10 percent by weight of milk solids…other, dairy products described in additional U.S. note 1 to chapter 4…described in additional U.S. note 10 to chapter 4 and entered pursuant to its provisions. The rate of duty will be 10 percent ad valorem. If the quantitative limits of additional U.S. note 10 to chapter 4 have been reached, these two products will be classified in subheading 2106.90.6600, HTS, and dutiable at the rate of 70.4 cents per kilogram plus 8.5 percent ad valorem. In addition, products classified in subheading 2106.90.6600, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.04.59 to 9904.04.66, HTS
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.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division