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NY K81250




December 3, 2003
CLA-2-20:RR:NC:2:231 K81250

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.19.9090

Mr. Xavier Solis
Norman Krieger, Inc.
5761 West Imperial Highway
Los Angeles, CA 90045

RE: The tariff classification of chestnut paste from Switzerland.

Dear Mr. Solis:

In your letter, dated November 11, 2003, you requested a tariff classification ruling.

The merchandise, “Bakels” brand “Swiss Chestnut Puree,” item 1529-810, is comprised of chestnut paste. The ingredients are 69 percent chestnuts, sugar, water, vegetable oil, hydrogenated vegetable oil, emulsifier (monoglycerides and diglycerides of fatty acids), and flavoring. The product is packed in tin cans, each weighing 900 grams, net.

Chestnut paste is used in the preparation of desserts: it is added to whipped cream, ice cream, and meringue. The product will be sold to distributors, who will sell it to bakers and the food service industry. There will be no retail sales.

The applicable subheading for chestnut paste will be 2008.19.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included, nuts, peanuts (ground-nuts) and other seeds, whether or not mixed together, other, including mixtures, other, including mixtures, other, other. The general rate of duty will be 17.9 percent ad valorem.

Additional requirements may be imposed on this product by the Food and Drug Administration. You may contact the FDA at:

Food and Drug Administration
Division of Import Operations and Policy
5600 Fishers Lane
Rockville, MD 20857

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 Thomas Brady at (646) 733-3030.

Sincerely,

Robert B. Swierupski
Director

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