The tariff classification of hazelnut flavoring pastes from Italy.

NY H81665 May 30, 2001 CLA-2-20:RR:NC:2:231 H81665 CATEGORY: Classification TARIFF NO.: 2008.19.2000 Mr. Jesus Noguera Gelateria Parmalat 520 Main Avenue Wallington, NJ 07093 RE: The tariff classification of hazelnut flavoring pastes from Italy. Dear Mr. Noguera: In your letter, dated May 24, 2001, you requested a classification ruling. The merchandise, is described thus: “Pregel” brand “Nocciola” flavoring paste is a granulated hazelnut preparation. The ingredients are 99 percent hazelnuts, 0.9 percent flavoring, and 0.1 percent antioxidant (E307). During the manufacturing process, hazelnuts are baked at 150o Centigrade (302o Fahrenheit) for 25 minutes. Then they are chopped and mixed with the rest of the ingredients. The product is packed in tin cans. The net weight is 11.02 pounds. There will be two tins packed per cardboard box. “Nocciola” flavoring paste will be used as an ingredient in the production of gelato (an Italian-style ice cream). “Pregel” brand “Croccantino” flavoring paste is a sweetened hazelnut preparation. The ingredients are 90 percent sweetmeat (the sweetmeat is comprised of 60 percent hazelnuts, 20 percent sugar, and 20 percent glucose syrup), 4 percent hazelnuts, 3 percent sugar, 1 percent vegetable oil, 0.8 percent flavoring, 0.7 percent emulsifier (E471), 0.49 percent burnt sugar, and 0.01 percent antioxidant. During the manufacturing process, hazelnuts are baked at 150o Centigrade for 25 minutes. Then they are chopped and mixed with the rest of the ingredients. The product is packed in tin cans. The net weight is 13.22 pounds. There will be two tins packed per cardboard box. “Croccantino” flavoring paste will be used as an ingredient in the production of gelato (an Italian-style ice cream). The applicable subheading for “Nocciola” and “Croccantino” hazelnut flavoring pastes will be 2008.19.2000, Harmonized Tariff Schedule of the United States (HTS), 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 ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 212-637-7064. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division