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NY 889109





September 2, 1993

CLA-2-21:S:N:N7:228

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.6597; 2106.90.6599

Ms. Susan T. Moore
Fredy's European, Inc.
2025 Meadows Drive
Woodstock, GA 30188

RE: The tariff classification of cheese spreads from Austria

Dear Ms. Moore:

In your letter dated August 9, 1993, you requested a tariff classification ruling.

Ingredients breakdowns for three products were submitted with your letter. The products are cheese-based spreads - "Gypsy," "Heuriger," and "Piquant" - put up for retail sale in glass jars or plastic tubs containing 3.57 ounces, net weight. The basic ingredients are cream cheese, margarine, vegetable oil, gelatine, onions, and salt. Other ingredients, depending on variety, include ground pepper, capers, ground caraway, mustard, pickles, anchovy paste, sugar, and garlic.

The applicable subheading for the Heuriger and Piquant spreads will be 2106.90.6597, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or included... other...other...containing sugar derived from sugar cane and/or sugar beets. The applicable subheading for the Gypsy spread will be 2106.90.6599, HTS, which provides for food preparations not elsewhere specified or included...other...other...other. In both cases, 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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