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NY J84913




June 6, 2003

CLA-2-21:RR:NC:2:228 J84913

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9997

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

RE: The tariff classification of a cookie coating material from Canada

Dear Mr. Forbes:

In your letter dated May 12, 2003, on behalf of Barry Callebaut Canada, Inc., you requested a tariff classification ruling.

An ingredients breakdown accompanied your letter. Product no. 0790500-500 LSH 8023 is described as a material in fluid form composed of 53.85 percent sugar, 30.3 percent hydrogenated vegetable oil, 9.9 percent nonfat dry milk, 4.95 percent lactose, and less than one percent each of lecithin and vanilla extract. The product will be imported in 50-pound pails and used for cookie enrobing.

The applicable subheading for this product will be 2106.90.9997, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or includedotherothercontaining 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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