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NY 811345




June 15, 1995

CLA-2-18:S:N:N7:232 811345

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.20.2090

Mr. Robert V. Tinkham
Chicago Sweeteners Incorporated
1700 Higgins Road
Suite 610
Des Plaines, Illinois 60018

RE: The tariff classification of a milk chocolate from Canada.

Dear Mr. Tinkham:

In your letter dated June 6, 1995 you requested a tariff classification ruling.

The subject merchandise is stated to contain chocolate liquor (with added cocoa butter), granulated beet or cane sugar, chemically pure lactose and whole milk powder. The ingredients are produced in various countries and imported into Canada where they are processed into milk chocolate blocks weighing 45 to 100 pounds. The blocks will be sold to industrial users in the chocolate and confectionery industries.

The applicable tariff provision for the milk chocolate blocks will be 1806.20.2090, 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: Preparations consisting wholly of ground cocoa beans, with or without added cocoa fat, flavoring or emulsifying agents, and containing not more than 32 percent by weight of butterfat or other milk solids and not more than 60 percent by weight of sugar: In blocks or slabs weighing 4.5 kilograms or more each...containing butterfat or other milk solids. The general rate of duty will be free.

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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