CLA-2-21:S:N:N1:228

Mr. William A. Phelps
W.A. Phelps & Co., Inc.
One World Trade Center Suite 2109
New York, NY 10048

RE: The tariff classification of an egg powder product from Germany

Dear Mr. Phelps:

In your letter dated July 31. 1991, on behalf of B.I. Bakery Products, Inc., Bohemia, NY, you requested a tariff classification ruling. The letter was received on August 20, 1991. The product is described as a light yellow powder, produced by spray drying whole eggs and vegetable oils. The powder will consist of 59 percent egg, and 39 percent vegetable oils and fats, the latter in changing weight proportions. The merchandise will be packed in 20-kilogram plastic-lined paper sacks.

The applicable subheading for the egg and vegetable oil powder will be 2106.90.6099, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or included...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