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NY E88435




October 26, 1999

CLA-2-17:RR:NC:2:228 E88435

CATEGORY: CLASSIFICATION

TARIFF NO.: 1702.30.4040; 2008.19.2000; 2106.90.9990

Mr. Jacob S. Buksbaum
Boxtree Trading Group, Inc.
5 West 86th Street
New York, NY 10024

RE: The tariff classification of food products from Belgium and France

Dear Mr. Buksbaum:

In your letter dated October 4, 1999 you requested a tariff classification ruling.

Ingredients breakdowns and samples were submitted with your letter. Additional information was provided in facsimile transmissions dated October 13 and October 14, 1999. The samples were examined and disposed of. OAO Organic Liquid Sugar, also identified as “wheat syrup,” is a viscous, amber-colored fluid prepared by the hydrolysis of wheat starch, packed in a plastic bottle containing 420 grams, net weight. It consists of 35 percent glucose, 34 percent maltose, 19 percent “long sugars,” and 9.5 percent fructose, and has a dextrose equivalent of 71. OAO Organic Nut Spread is a dark brown, spreadable product with a peanut butter-like consistency, put up in a glass jar containing 250 grams, net weight. The stated ingredients are 53.85 percent wheat syrup, 41.43 percent hazelnut paste, 4.56 percent water, and less than one percent each of sea salt and vanilla powder. The OAO Vegetable Pates (“provencal,” “three peppers,” and “olive”) are soft, spreadable products composed of a mixture of ground vegetables (ranging from approximately 21 percent to 35 percent), plant parts, water, oil, spices, and other ingredients, packed in glass jars, containing 100 grams, net weight.

The applicable subheading for the OAO Organic Liquid Sugar (wheat syrup) will be 1702.30.4040, Harmonized Tariff Schedule e of the United States (HTS), which provides for glucose and glucose syrup, not containing fructose or containing in the dry state less than 20 percent by weight of fructoseotherglucose syrup. The rate of duty will be 2.4 cents per kilogram.

The applicable subheading for the OAO Organic Nut Spread will be 2008.19.2000, HTS, which provides for nutsotherwise prepared or preserved, whether or not containing added sugar or other sweetening matterotherfilberts. The rate of duty will be 12.4 cents per kilogram.

The applicable subheading for the vegetable pates will be 2106.90.9990, HTS, which provides for food preparations not elsewhere specified or includedother othercanned. The rate of duty will be 7 percent ad valorem.

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 Stanley Hopard at 212-637-7065.

Sincerely,

Robert B. Swierupski
Director,

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