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NY I87773




November 5, 2002

CLA-2-21:RR:NC:2:228 I87773

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9997

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

RE: The tariff classification of a baking ingredient from Switzerland

Dear Ms. DiBernardo:

In your letter dated October 31, 2002, on behalf of Barry Callebaut Inc., St. Albans, VT, you requested a tariff classification ruling.

A sample and ingredients breakdown accompanied your letter. The sample was examined and disposed of. Carmelade 40512 is a red-colored, gelatinous material, said to be composed of sugar (over 10, but not over 65 percent, by dry weight), water, glucose syrup, apple pulp, plums, red currants, raspberry, pectin, preservatives, and flavorings. The product will be imported in pails weighing 12.5 kilograms and used, in its condition as imported or after heating, as a filling or decoration for bakers’ wares.

The applicable subheading for this product will be 2106.90.9997, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or includedotherothercontaining sugar derived from sugar cane and/or sugar beets. 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 646-733-3029.

Sincerely,

Robert B. Swierupski
Director,

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