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NY 869388

December 26, 1991



TARIFF NO.: 1806.20.8095; 1901.90.9095; 2106.90.6097

Mr. Ernest Ferrante
Kuehne & Nagel, Inc.
10 Exchange Place
Jersey City, NJ 07302

RE: The tariff classification of bakers' supplies from Germany

Dear Mr. Ferrante:

In your letter dated November 26, 1991, on behalf of Dohler Patisserie, New Brunswick, NJ, you requested a tariff classification ruling.

Descriptive literature and samples accompanied your letter. The samples were examined and disposed of. Product No. 3010, Nussani, is a thick, light brown paste composed of sugar, partially hydrogenated vegetable oil, hazelnut pulp, lactose, soy flour, cocoa powder, lecithin, and vanillin. It will be imported in 10-kilogram buckets, and used as a filling, glazing or decorating cream for pralines and pastries. Product No. 3602, Premix for Dreme Creme, is an off-white powder composed of lactose, carrageenan, calcium alginate, flavors and colorings. It is packed in 25-kilogram bags, and used as the base ingredient for whipped toppings. Product No. 6838, Sauermelk Paste, is a viscous yellow liquid made from invert sugar syrup, glucose syrup, citric acid, sucrose, flavors and thickeners. Sauermelk paste is used as an ingredient for flavored creams, whipped cream, fillings and puddings. Product No. 3570, Soft Gel Neutral, is a light yellow, jelly-like material, consisting of sucrose, water, glucose syrup, fruit pectin, citric acid, and natural flavors. This product, packed in 14-kilogram buckets, will be used as a glaze.

The applicable subheading for No. 3010, Nussani, will be 1806.20.8095, Harmonized Tariff Schedule of the United States (HTS), which provides for chocolate and other food preparations containing cocoa...other...other... other. The rate of duty will be 10 percent ad valorem.

The applicable subheading for No. 3602, Premix for Dreme Creme, will be 1901.90.9095, HTS, which provides for food preparations of goods of headings 0401 to 0404...other...other...other. The rate of duty will be 10 percent ad valorem.

The applicable subheading for No. 6838, Sauermelk Paste, and No. 3570, Soft Gel Neutral, will be 2106.90.6097, HTS, which provides for food preparations not elsewhere specified or included...other...other... containing sugar derived from sugar cane and/or sugar beets. The rate of duty will be 10 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on product No. 3605, Premix for Creme Delikat. Your request for a classification ruling should include the CAS number for the pregelatinized, acetylated, di- starch phosphate, and a flow chart showing how this substance was derived.

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.


Jean F. Maguire
Area Director

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