NY a85994: The tariff classification of bakers' wares from Switzerland.

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            NY A85994
                         August 16, 1996


CLA-2-21:RR:NC:FC:228 A85994  

CATEGORY:  Classification

TARIFF NO.: 2106.90.6400, 2106.90.6600  


Mr. Beat Herrmann
Max Felchlin Inc. Schwyz
Bahnhofstrasse 63
6430  Schwyz/Switzerland


RE:  The tariff classification of bakers' wares from Switzerland.
     

Dear Mr. Herrmann:

     In your letter dated July 17, 1996, you requested a tariff
classification ruling.

     An ingredients breakdown was submitted with your letter. 
The product is FE86E Milk Filling composed of 35 percent sugar,
25 percent whole milk powder, 24 percent partly hardened
vegetable fat, and 15 percent of vegetable oil, lecithin, and
vanillin, put up in 11 kilogram pails, and used to fill waffles,
confectioneries and cakes.

     The applicable subheading for the filling, if imported in
quantities that fall within the limits described in additional
U.S. note to chapter 4, will be 2106.90.6400 Harmonized Tariff
Schedule of the United States (HTS), which provides for food
preparations not elsewhere specified or included...other...
other...containing over 10 percent by weight of milk solids...
other, dairy products described in additional U.S. note 1 to
chapter 4...described in additional U.S. note 10 to chapter 4 and
entered pursuant to its provisions.  The rate of duty will be 10
percent ad valorem.  If the quantitative limits of additional
U.S. note 10 to chapter 4 have been reached, the product will be
classified in subheading 2106.90.6600, HTS, and dutiable at the
rate of 78.7 cents per kilogram plus 9.5 percent ad valorem.  In
addition, products classified in subheading 2106.90.6600, HTS,
will be subject to additional duties based on their value, as
described in subheadings 9904.04.59 to 9904.04.66.    


     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 212-466-5760.



                                        Sincerely,



                                        Roger J. Silvestri
                                        Director
                                        National Commodity
                                        Specialist Division