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NY I87805




October 25, 2002

CLA-2-21:RR:NC:2:228 I87805

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9997

Mr. Bob Forbes
R.O.E. Logistics
474 McGill Street Suite 300
Montreal, Quebec H2Y 2H2 Canada

RE: The tariff classification of a bakery ingredient from Switzerland

Dear Mr. Forbes:

In your letter dated October 18, 2002, on behalf of Barry Callebaut Canada, Inc., you requested a tariff classification ruling.

Product specifications accompanied your letter. Product no. 40532 Carmelade, is a spreadable material, imported in plastic pails containing 12.5 kilograms, used as a filling material in bakery products. Carmelade is said to be composed of 46 percent sugar, 21.4 percent strawberry pulp, 15.8 percent water, 7.66 percent each of glucose syrup and dextrose, and less than one percent each of gelling agent, acid, artificial flavor, disodium diphosphate, potassium sorbate, tricalcium dicitrate, and color.

The applicable subheading for the product no. 40532 Carmelade will be 2106.90.9997, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or includedotherotherothercontaining sugar derived from sugar cane and/or sugar beets. The rate of duty will be 6.4 percent ad valorem.

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,

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