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NY 878702




October 22, 1992

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.20.8095; 1901.90.9095; 2106.90.2020; 2106.90.6097

Mr. Ernest Ferrante
Kuehne & Nagel, Inc.
10 Exchange Place
Jersey City, NJ 07302

RE: The tariff classification of bakers' supplies from Switzerland and Germany

Dear Mr. Ferrante:

In your letter dated September 25, 1992, on behalf or Dohler Patisserie, New Brunswick, NJ, you requested a tariff classification ruling.

Samples and ingredients breakdowns accompanied your letter. The samples were examined and disposed of. Product No. 3080, Swiss Chocolate Cream, is a dark brown, firm paste, said to consist of 55 percent sorbitol, 24.8 percent cocoa powder, and less than one percent each of flavors, lecithin, and potassium sorbate. This product, imported in 5.5-kilogram buckets, may be used as a chocolate cream garnish, or as a flavoring for dairy creams, toppings, desserts or sauces. Product No. 3630, Durosan, is a white powder composed of 90 percent modified food starch and 10 percent skim milk powder, used as a whipped cream stabilizer. Durosan will be imported in one-kilogram plastic containers. Product No. 3022 Williams Christ Pear Fond is a white powder consisting of 54 percent sucrose, 19 percent dry glucose syrup, 8 percent gelatin, 8 percent dextrose, 5 percent pear granulate, 3 percent citric acid, 1 percent pear distillate, one percent flavors, and less than one percent each of salt and beta-carotene coloring. This product is used as the base ingredient in the production of a mousse dessert. The sample was packed in a foil pouch containing 150 grams, net weight; the product specification sheet indicates it will be imported in 5-kilogram plastic containers. Product Nos. 3571 and 3572, Apricot Soft Gel and Red Soft Gel, are soft, spreadable, gelatinous materials made from sucrose (52 percent for apricot, 54 percent for red), water (28 and 27 percent), glucose syrup (16 and 15 percent), 2 percent pectin, and less than one percent each of citric acid, fruit and vegetable extract, potassium citrate, potassium orthophosphate, and natural and artificial flavors. The gels will be imported in 7 and 14-kilogram plastic buckets, and used to glaze pastry products.

The applicable subheading for No. 3080, Swiss Chocolate Cream, 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...paste...form in containers or immediate packings, of a content exceeding 2 kg...other...other...other. The rate of duty will be 10 percent ad valorem.

The applicable subheading for No. 3630, Durosan, will be 1901.90.9095, HTS, which provides for food preparations of...starch...not elsewhere specified or included...other...other...other. The rate of duty will be 10 percent ad valorem.

The applicable subheading for No. 3022, Williams Christ Pear Fond will be 2106.90.2020, HTS, which provides for food preparations not elsewhere specified or included...other...of gelatin...containing sugar derived from sugar cane or sugar beets. The rate of duty will be 6 percent ad valorem.

The applicable subheading for product Nos. 3571 and 3572, Apricot Soft Gel and Red Soft Gel, 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.

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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