The tariff classification of a food ingredient from Germany

N091545 January 26, 2010 CLA-2-21:OT:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 2106.90.9998 Ms. Carla Graca All-Ways Forwarding International, Inc. 701 Newark Avenue Elizabeth, NJ 07208 RE: The tariff classification of a food ingredient from Germany Dear Ms. Graca: In your letters dated December 17, 2009 and January 14, 2010, on behalf of Atlanta Foods International, Atlanta, GA, you requested a tariff classification ruling. A sample and product data sheet were submitted with your first letter; additional information accompanied your January correspondence. The sample was examined and disposed of. Whipping Agent Mix type 2609 is a pale yellow-colored powder said to be composed of approximately 44 percent emulsifiers (acetic acid esters of mono and diglycerides of fatty acids), 37 percent sodium caseinate, and 19 percent lactose. The product will be used for foam formation and stabilization of cream products. The applicable subheading for this product will be 2106.90.9998, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or included…other…other…other. The rate of duty will be 6.4 percent ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html. 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