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NY N011095




June 6, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.19.2000

Ms. Sherri Comeau
Barry Callebaut
2950 Nelson Street
St. Hyacinthe, Quebec J2S 1Y7
Canada

RE: The tariff classification of roasted Hazelnuts from Belgium.

Dear Ms. Comeau:

In your letter dated May 08, 2007, you requested a tariff classification ruling.

Item number GNT-664 is described as 100 percent nibbed (roughly crushed) and roasted hazelnuts (filberts). You indicate that the product will be packaged in 10 liter (5kg) buckets for use in fillings, pastries, confectionary and decoration for baked goods.

The applicable subheading for item GNT-664 nibbed and roasted hazelnuts 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 Nathan Rosenstein at 646-733-3030.

Sincerely,

Robert B. Swierupski
Director,

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