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NY R03745




May 1, 2006

CLA-2-20: RR: NC: SP: 231 R03745

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.19.2000

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

RE: The tariff classification of a hazelnut paste from Switzerland.

Dear Mr. Forbes:

In your letter dated April 17, 2006, you requested a tariff classification ruling on behalf of your client, Barry Callebaut Canada at St. Hyacinthe, Quebec.

Product number 30656 is described as “Noisor” hazelnut paste, consisting of hazelnuts (96.3 percent, by weight), emulsifiers (3.04 percent) vegetable oil (0.63 percent), and traces of food coloring. This product will be shipped in the form of 2.1-kilogram pails for flavoring of couverture, glazes, ganaches, creams, fillings, ice cream and batters

The applicable subheading for the “Noisor” hazelnut paste will be 2008.19.2000, Harmonized Tariff Schedule of the United States (HTSUS), 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 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 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/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 Thomas Brady at 646-733-3030.

Sincerely,

Robert B. Swierupski
Director,

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