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NY R01792




April 29, 2005

CLA-2-21:RR:NC:2:228 R01792

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.8200

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

RE: The tariff classification of a confectionery coating from Switzerland.

Dear Mr. Forbes:

In your letter dated April 14, 2001, you requested a tariff classification ruling.

Product number 25761-Garnivite White Confectionary is described as a ready to use coating for confectionery, cakes, and pastries composed of 53.32 percent sugar, 33.08 percent vegetable fat, 13.33 percent nonfat dry milk, and traces of emulsifier. It will be imported in pails containing 1.2 kilograms.

The applicable subheading for product number 25761-Garnivite White Confectionary will be 2106.90.8200, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or included otherother containing over 10 percent by weight of milk solidsotherother. The rate of duty will be 6.4 percent

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

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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