CLA-2-04:S:N:N7:231 895485

Ms. Sandra L. Marshanke
Tower Group International, Inc.
128 Dearborn Street
Buffalo, New York 14207-3198

RE: The tariff classification of frozen egg products from Canada.

Dear Ms. Marshanke:

In your letter dated February 25, 1994, on behalf of Dominion Egg Ltd., Ontario, Canada, you requested a tariff classification ruling. The frozen egg products, as described below, are pasteurized, pelletized, frozen and packaged (5k net) in a poly bag inclosed in a styrofoam-lined corrugated box.

1. Pelletized Frozen Whole Egg Product 100--ingredients: pasteurized liquid whole eggs, citric acid

2. 45% Less Cholesterol Pelletized Frozen Product 70/30--ingredients: pasteurized liquid whole eggs, pasteurized liquid egg whites, citric acid

3. Pelletized Frozen Yolks--ingredients: pasteurized liquid egg yolks 4. Pelletized Frozen Whites--ingredients: pasteurized liquid egg whites

The applicable subheading for the Pelletized Frozen Whole Egg Product 100 and the 45% Less Cholesterol Pelletized Frozen Product 70/30 will be 0408.99.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for birds eggs, not in shell, and egg yolks, fresh, dried, cooked by steaming or by boiling in water, molded, frozen or otherwise preserved, whether or not containing added sugar or other sweetening matter: other: other. The general rate of duty will be 12.1 cents a kilogram.

The applicable subheading for the Pelletized Frozen Egg Yolks will be 0408.19.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for birds eggs, not in shell, and egg yolks, fresh, dried, cooked by steaming or by boiling in water, molded, frozen or otherwise preserved, whether or not containing added sugar or other sweetening matter: egg yolks: other. The general rate of duty will be 12.1 cents a kilogram.

The applicable subheading for the Pelletized Frozen Egg Whites will be 3502.10.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for albumins (including concentrates of two or more whey proteins, containing by weight more than 80 percent whey proteins, calculated on the dry matter), albuminates and other albumin derivatives: egg albumin: other. The general rate of duty will be 12.1 cents a kilogram.

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