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NY 866167


Sep 13, 1991

CLA-2-18:S:N:N1:228

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.20.8095; 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 August 15, 1991, on behalf of Dohler Patisserie, Inc., New Brunswick, NJ, you requested a tariff classification ruling.

Samples and descriptive literature accompanied your letter. The samples were examined and disposed of. The products are described as "pastes," and will be used by pastry chefs and confectioners as flavoring ingredients in the manufacture of creams, mousses, frozen desserts, and fillings. No. 2016 Compound Chocolate is a very thick, dark brown paste, barely mobile at room temperature, composed of invert sugar syrup, cocoa powder, and flavorings. Compound chocolate will be packed in plastic canisters containing 2.5 kilograms. No. 2042 Compound Amaretto is a caramel colored, syrup-like product composed of invert sugar syrup, flavors, starch, cherry juice concentrate, and caramel sugar syrup. No. 2017 Compound Rum is an amber colored syrup consisting of invert sugar syrup, Jamaica rum, flavors, thickening agent, and caramel sugar syrup. Both the amaretto and rum products will be put up in one and five-kilogram plastic buckets. No. 2020 Compound Raspberry is a dark red product with a syrup-like consistency, containing many scattered seeds, composed of sucrose, raspberries, invert sugar syrup, beetroot juice concentrate, cherry juice concentrate, flavors and acidity regulators. This product will be packed in one-kilogram plastic buckets.

The applicable subheading for No. 2016 Chocolate Compound will be 1806.20.8095, Harmonized Tariff Schedule of the United States (HTS), which provides for chocolate and other food preparations containing cocoa...other preparations...in liquid, paste, powder, granular or other bulk form in containers or immediate packings, of a content exceeding 2 kg...other... other...other. The duty rate will be 10 percent ad valorem.

The applicable subheading for No. 2042 Compound Amaretto, No. 2017 Compound Rum., and No. 2020 Compound Raspberry 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.

The Compound Rum, if determined to be suitable for beverage purposes, will be subject to Federal Excise Tax. Such a finding must be made by the Bureau of Alcohol, Tobacco, and Firearms. For further information you may contact:

Bureau of Alcohol, Tobacco and Firearms
Alcohol and Tobacco Laboratory
NBA Section
1401 Research Boulevard
Rockville, MD 20850

Your inquiry does not provide enough information for us to give a classification ruling on No. 3046 Amarena Cherries. Your request for a classification ruling should include The botanical name (genus, species, subspecies or variety) of the cherries used to make this product.

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.

Sincerely,

Jean F. Maguire
Area Director

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