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NY F89027




July 7, 2000

CLA-2-21:RR:NC:2:228 F89027

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9998

Ms. Darlene DiBernardo
Deringer Logistics Consulting Group
One Lincoln Blvd. Suite 225
Rouses Point, NY 12979

RE: The tariff classification of sugar-free confectionery ingredients from Canada

Dear Ms. DiBernardo:

In your letter dated June 26, 2000, on behalf of Barry Callebaut Inc., St. Albans, VT, you requested a tariff classification ruling.

Samples and ingredients breakdowns accompanied your letter. The samples were examined and disposed of. VL17104 Renny 3 Sugar Free and VL17029 Renny 3 White are products imported in 450-pound blocks, and used by bakers and/or confectioners as an enrobing or molding material. Both are composed of approximately 55 percent maltitol (a synthetic sweetener), 8-9 percent calcium carbonate, 3 percent polydextrose, and less than one percent each of calcium caseinate, lecithin, condensed milk, and vanilla. Product VL17104 also contains approximately 32 percent vegetable oil, and less than one percent butter oil, and product VL17029 contains 27 percent cocoa butter, 5 percent butter oil, and less than one percent vanillin.

The applicable subheading for these two products will be 2106.90.9998, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or includedotherotherother. The rate of duty will be 6.4 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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