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NY 876198





September 22, 1992

CLA-2-19:S:N:N1:228

CATEGORY: CLASSIFICATION

TARIFF NO.: 1901.90.8070

Mr. I.V. Josy Kaelin
SAIS Produktionsbetrieb Au
Postfach
CH-8804 AU/ZH Switzerland

RE: The tariff classification of "Amaretti" powder from Switzerland

Dear Mr. Kaelin:

In your letter dated July 2, 1992, you requested a tariff classification ruling.

A sample and ingredients breakdown were submitted with your letter. The sample was forwarded to the U.S. Customs laboratory for analysis. The product, "Amaretti," is a pale yellow powder, speckled with brown particles, said to consist of 58.02 percent sugar, 24.69 percent almonds, 5.56 percent bitter almonds, 4.94 percent starch, 3.46 percent egg white powder, 1.85 percent soya, 1.23 percent enzyme, and .25 percent flavor. Analysis found the sample contained 58.5 percent sugar, and 98.6 percent capable of passing through a seive with an aperture of 1.25 millimeters. The product, after mixing with water and baking, will be used as a sweet filling for pastries and confections.

The applicable subheading for the Amaretti powder will be 1901.90.8070, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations of flour, meal, starch or malt extract...other...other...subject to quotas established pursuant to section 22 of the Agricultural Adjustment Act, as amended...provided for in subheading 9904.60.60. The rate of duty will be 10 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

Sincerely,

Jean F. Maguire
Area Director

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