The tariff classification of Mousse Mixes from Germany.

NY A88728 November 13, 1996 CLA-2-21:RR:NC:2:232 A88728 CATEGORY: Classification TARIFF NO.: 2106.90.6400; 2106.90.6600 Mr. Ernest Ferrante Kuehne & Nagel 10 Exchange Place - 19th Floor Jersey City, NJ 07302 RE: The tariff classification of Mousse Mixes from Germany. Dear Mr. Ferrante: In your letter dated October 21, 1996, on behalf of Dohler America Inc., you requested a tariff classification ruling. You submitted descriptive literature and samples with your request. The subject merchandise is a ready-to-use mix for the making of desserts and/or mousses with the addition of cold milk. Samples of three different compositions and flavors were sent. Product 3800, "All-in-One Mousse Orange", is a white powder which is said to consist of 42 percent sugar, 15 percent skimmed milk powder, 14 percent partly hardened vegetable fat, 6 percent sweet whey powder, 5 percent emulsifier, 4.5 percent gelatin, 4.5 percent malto-dextrin, 3 percent dried orange granules, 2 percent acidity regulator, 1.5 percent modified starch, 1 percent thickener, 1 percent flavoring, and traces of citric acid and coloring. Product 3733, "All-in-One Mousse Strawberry", is a pink powder which is said to contain 42 percent sugar, 15 percent skimmed milk powder, 14 percent partly hardened vegetable fat, 6 percent sweet whey powder, 5 percent emulsifier, 4.5 percent gelatin, 4 percent malto-dextrin, 3 percent dried strawberry pieces, 2 percent acidity regulator, 1.5 percent modified starch, 1 percent thickener, 1 percent beet root powder, and traces of citric acid and flavoring. The third item is product 3799, "All- in-One Mousse Mocha", a beige powder. The applicable subheading for the orange and strawberry mousse mixes, 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, the product will be classified in subheading 2106.90.6600, HTS, and dutiable at the rate of 78.7 cents per kilogram plus 9.5 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. Your inquiry does not provide enough information for us to give a classification ruling on the mocha mousse mix. Your request for a classification ruling should include an ingredient breakdown and description of what is meant by "mocha powder". Are there cocoa solids in it? If so, what weight and percentage? This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). A copy of this 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 212-466-5730. Sincerely, Roger J. Silvestri Director, National Commodity Specialist Division