The tariff classification of Oat Trim from Sweden

NY 885544 July 30, 1993 CLA-2-19:S:N:N7:228 CATEGORY: Classification TARIFF NO.: 1901.90.9095 Mr. Russell Beauchamp J.H. Bachmann, Inc. 1402 Elmhurst Road Elk Grove Village, IL 60007 RE: The tariff classification of Oat Trim from Sweden Dear Mr. Beauchamp: In your letter dated April 23, 1993, on behalf of PRISM, Inc., Barrington, IL, you requested a tariff classification ruling. Samples, a manufacturing flow chart, and a specification sheet were submitted with your letter. The sample was forwarded to the U.S. Customs laboratory for analysis. The product, an off-white powder called "Oat Trim," is described as a defatted oat bran concentrate, prepared from oat bran that has been subjected to an extraction process, dried, and milled to its powder form. Laboratory analysis found the sample contains 31.4 percent starch and 2.7 percent ash, with 98 percent passing through a 315 micron sieve. The specification sheet indicates Oat Trim contains approximately 21 percent protein, and 3 percent fat. The product will be sold as human food additive, to replace the fat content without changing the flavor of the food. The applicable subheading for the Oat Trim will be 1901.90.9095, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations of flour, meal, starch or malt extract...other...other... other. The rate of duty will be 10 percent ad valorem. This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177). A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction. Sincerely, Jean F. Maguire Area Director New York Seaport