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NY 804747





December 7, 1994

CLA-2-18:S:N:N7:232 804747

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.20.8095

Ms. Mona M. Lind
Ambrosia Chocolate
12500 West Carmen Avenue
Milwaukee, WI 53225-6199

RE: The tariff classification of sugar free milk chocolate confectionery coating from Canada.

Dear Ms. Lind:

In your letter dated November 15, 1994 you requested a tariff classification ruling.

Your query concerns the classification of S-8427 Sugar Free Milk Chocolate Flavored Confectionery Coating, which consists of 61.955 percent maltitol, 19.92 percent CR 499 oil, 4.98 percent 95 palm kernel oil, 7.11 percent cocoa powder natural process (10/12), 5 percent sodium caseinate, 0.5 percent fat lecithin, 0.5 percent flavor dried cream extract, 0.025 percent flavor extrin AA and 0.01 percent flavor vanilla extract 10. The product is molded into discs and bulk packaged in 25 pound cases. It is sold to customers such as retail confectionery producers in the same packaging. The product is used as an ingredient in candy making.

The applicable tariff provision for the confectionery coating will be 1806.20.8095, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for chocolate and other food preparations containing cocoa...other preparations in blocks or slabs weighing more than 2 kg or in liquid, paste, powder, granular or other bulk form in containers or immediate packings, of a content exceeding 2 kg...other...other...other. The general rate of duty will be 10 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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