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NY N023112




February 29, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9400

Ms. Sherri Comeau
Barry Callebaut
2950 Nelson Street
St-Hyacinthe, Quebec
J2S1Y7 Canada

RE: The tariff classification of dessert mix from Switzerland.

Dear Ms. Comeau:

In your letter dated February 8, 2008, you requested a tariff classification ruling.

An ingredients breakdown accompanied your letter. Item no. 71018, is described as an instant powder to make vanilla flan. The powder is said to contain 92.11 percent sugar, 3.68 percent carrageenan, 2.5 percent starch, and less than one percent each of emulsifier, glucose, taragum, and maltodextrin. The dry mix will be imported in 400-gram polyethylene bags, 6 bags per box.

The applicable subheading for this product will be 2106.90.9400 Harmonized Tariff Schedules of the United States (HTSUS), 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 17 other. 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, HTSUS, will be subject to additional duties based on their value, as described in subheadings 9904.17.31 to 9904.17.38, HTSUS.

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 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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