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NY K83055




February 20, 2004
CLA-2-21:RR:NC:2:228 K83055

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9997

Mr. Bob Forbes
R.O.E. Logistics
660 Bridge Street
Montreal, Quebec H3K 3K9 Canada

RE: The tariff classification of a pastry filling from Switzerland

Dear Mr. Forbes:

In your letter dated February 3, 2004, on behalf of Barry Callebaut Canada, Inc., St. Hyacinthe, Quebec, Canada you requested a tariff classification ruling.

Product specifications were submitted with your letter. Product no. 40362 Carmelade is described as an apple jam for filling tarts, cookies, and biscuits, imported in 12.5-kilogram plastic buckets. The stated ingredients are 51.8 percent sugar, 31 percent apple pulp, 7.8 percent water, 7.7 percent glucose syrup, and trace amounts of gelling agents and preservatives.

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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