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NY G88654

April 2, 2001

CLA-2-21:RR:NC:2:228 G88654


TARIFF NO.: 2106.90.9998

Mr. Devendra K. Thapa
Albert Uster Imports
9211 Gaither Road
Gaithersburg, MD 20877-1419

RE: The tariff classification of dessert products from Switzerland.

Dear Mr. Thapa:

In your letter dated March 5, 2001, you requested a tariff classification ruling.

The samples submitted with your letter arrived in damaged condition. They were examined and disposed of. Venuance Shells Gold, Red, and Clear, are semi-transparent dessert cups measuring 2-5/8 in diameter on top, 1-1/2 tall, and 1-1/2 at the base. They are made from Isomalt, a sugar substitute, and trace amounts of coloring for the red and gold types. The cups are packed in cellophane-covered plastic trays containing four cups of each type, four trays to a box, and four boxes to a case.

The applicable subheading for the Venuance Shells Red and Gold, will be 2106.90.9998, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or includedotherotherother. The rate of duty will be 6.4 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the Venuance Shells Clear. Your request for a classification ruling should include a complete ingredients breakdown, by weight, for that item.

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 212-637-7065.


Robert B. Swierupski

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