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NY C89390

July 15, 1998

CLA-2-18:RR:NC:SP:232 C89390

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.20.7300

Ms. Catin Sanchez

Nutri Caribe, Inc.

PO Box 360853

San Juan, Puerto Rico 00936-0853

RE: The tariff classification of a Cocoa Powder Preparation from the Dominican Republic.

Dear Ms. Sanchez:

In your letter dated June 18, 1998, you requested a tariff classification ruling.

You submitted descriptive literature and a sample with your request. The subject merchandise is a sweet cocoa powder preparation which will be imported in 65 pound paper bags and which is intended to be further processed into drink mixes, milk-based chocolate beverages, and candies. The cocoa powder is said to consist of 79 percent sugar, 20 percent cocoa powder, and 1 percent lecithin.

The applicable subheading for the cocoa powder preparation, will be 1806.20.7300, Harmonized Tariff Schedule of the United States (HTS), which provides for Chocolate and other food preparations containing cocoa: Other preparations in blocks, slabs or bars, 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: Containing more than 65 percent by dry weight of sugar: Other: Articles containing over 65 percent by dry weight of sugar described in additional U.S. note 2 to chapter 17: Other. The duty rate will be 32.3 cents per kilogram plus 9 percent ad valorem. In addition, products classified in subheading 1806.20.7300, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.17.17 to 9904.17.42, HTS.

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

A copy of this 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 John Maria at 212-466-

5730.

Sincerely,


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See also:

• Tariff No.: 1806.20.73 - Chocolate/oth preps with cocoa, ov 2kg but n/o 4.5 kg, o/65% by wt of sugar, desc in Ch17 US nte 2, not subj. to Ch17 US note 7
• Tariff No.: 9904.17.17 - Articles w/ov 65% by dry weight of sugars: cocoa powder, in 1806.10.28 & 1806.10.55, entered value safe. pd., under $0.05/kg
• Tariff No.: 9904.17.42 - Articles w/ov 65% by dry wt. of sugars, in Ch. 17 addl US note 2, in 1806.20.73, entered in quantity safeguard period