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NY K89764

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October 14, 2004

CLA-2-21:RR:NC:2:228 K89764

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9400

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

RE: The tariff classification of a glazing gel from Switzerland.

Dear Mr. Forbes:

In your letters dated August 13, 2004, and September 23, 2004 you requested a tariff classification ruling.

An ingredients breakdown was submitted with your first letter. Additional information concerning the brix of several ingredients was submitted with your second letter. Product no. 40101, apricot glazing gel, consists of 31.5 percent invert sugar syrup, 20.5 percent glucose syrup, 19.7 percent sugar, 15.44 percent fruit pulp (apple, apricot), 12.2 percent water, and 0.66 percent gelling agents, acidity regulators, and preservatives. The product contains over 65 percent sugar by dry weight. It will be imported in liquid form in 6-kilogram pails. After heating, it will be used in the manufacture of baked goods.

The applicable subheading for product no. 40101, apricot glazing gel, will be 2106.90.9400, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or includedotherotherarticles containing over 65 percent by dry weight of sugar described in additional U.S. note 2 to chapter 17other. The rate of duty will be 28.8 cents per kilogram plus 8.5 percent ad valorem. In addition, products classified in subheading 2106.90.9400, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.17.31 to 9904.17.38, HTS.

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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See also:

• Tariff No.: 2106.90.94 - Food preps, nesoi, n/o 10% milk solids, o/65% sugar, descr. in add US note 2 to Ch.17, not subject to add US note 7 to Ch. 17, not GN15
• Tariff No.: 9904.17.31 - Articles w/ov 65% dry wt. sugars: other, in 1701.91.48, 1702.90.68 etc, entered value safeguard period, under $0.05/kg
• Tariff No.: 9904.17.38 - Articles w/ov 65% dry wt. sugars: other, in 1701.91.48, 1702.90.68 etc, entered value safeguard period, $0.35/kg or more