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NY N007975




April 2, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9400

Mr. Bob W. Forbes
ROE Logistics
660 Bridge Street
Montreal, Quebec
Canada H3K 3K9

RE: The tariff classification of “vermicelli” from Belgium.

Dear Mr. Forbes:

In your letter dated March 8, 2007, on behalf of Barry Callebaut, Canada, you requested a ruling on pastry toppings from Canada.

An ingredients breakdown was submitted with your letter. Product no. M-7V1-412, “vermicelli,” is said to be in the form of sprinkles or very fine or small chips or pieces, are composed of 86.5 percent sugar, 11.5 percent cocoa butter, 2 percent gum Arabic, and traces of glucose syrup and vanillin. The vermicelli will be imported in 1-kg bags, 12 bags to a box, and used by manufacturers to decorate baked goods such as cakes, pastries, and cup cakes.

The applicable tariff provision for the “vermicelli” will be 2106.90.9400, HTSUS, which provides for food preparations not elsewhere specified or includedother otherarticles 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 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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