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NY R02177

July 22, 2005



TARIFF NO.: 2008.19.2000

Mr. Robert Forbes
R.O.E. Logistics
660 Bridge Street
Montreal, Quebec H3K 3K9

RE: The tariff classification of a hazelnut paste from Canada

Dear Mr. Forbes:

In your letter dated June 22, 2005, you requested a tariff classification ruling on behalf of your client, Barry Callebaut Canada at St. Hyacinthe, Quebec.

Product number NCB-141 is described as a hazelnut cocoa paste, consisting of sugar (50 percent, by weight), hazelnuts (40.5 percent), cocoa butter (9.5 percent) and traces of vanillin. This product will be shipped in the form of 5-kilogram blocks for use in baking cakes and pastries, and in the confectionary industry.

The applicable subheading for this hazelnut paste will be 2008.19.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included: nuts, peanuts (ground-nuts) and other seeds, whether or not mixed together: other, including mixtures: filberts. The rate of duty will be 11.3 cents per kilogram.

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

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 Thomas P. Brady at 646-733-3030.


Robert B. Swierupski

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