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NY K88865




September 21, 2004

CLA-2-20:RR:NC:2:231 K88865

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.19.2000

Robert Forbes
R.O.E. Logistics
660 Bridge Street
Montreal, Quebec
H3K 3K9

RE: The tariff classification of “Malpra-668,” a sweetened hazelnut preparation from Belgium

Dear Mr. Forbes:

In your letter dated July 27, 2004, you requested a tariff classification ruling on behalf of your client, Barry Callebaut, Canada, Inc.

The product in question is described as a thick, semi-fluid, sweetened hazelnut paste, and is said to be made by combining hazelnuts paste (60 percent by weight) and maltitol (39.5 percent), with a small amount of emulsifier and vanilla flavor. A sample of the product was in the form of a smooth, thick, semi-fluid paste with a strong hazelnut flavor. This paste will be used as an ingredient in chocolate preparations.

The applicable subheading for “Malpra-668” hazelnut paste will be 2008.19.2000, 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: filberts. The rate of duty will be 11.3 cents per kilogram.

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 Thomas P. Brady at 646-733-3030.

Sincerely,

Robert B. Swierupski
Director,

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