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NY I86202




September 25, 2002

CLA-2-18:RR:NC:SP:232 I86202

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.20.2090

Mr. Bob Forbes
R.O.E. Logistics
474 McGill Street
Suite 300
Montreal, Quebec
Canada H2Y 2H2

RE: The tariff classification of Milk Chocolate 3433G (Product number 0953440-441) from Canada

Dear Mr. Forbes:

In your letter dated September 10, 2002 on behalf of Barry Callebaut Canada Inc., you requested a tariff classification ruling.

The subject merchandise is stated to contain 47.95 percent sugar, 14.15 percent chocolate liquor, 18.49 percent cocoa butter, 10.16 percent nonfat dry milk fat, 4.40 percent anhydrous milk fat, 4.19 percent whole milk powder, 0.62 percent soya lecithin, 0.008 percent vanilla extract. The milk fat content is 5.70 percent. The product will be shipped in 10 pound slabs. The merchandise will be used as a coating.

The applicable subheading for the Milk Chocolate 3433G will be 1806.20.2090, Harmonized Tariff Schedule of the United States (HTS), 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 kg or more eachcontaining butterfat or other milk solids. The rate of duty will be free.

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 John Maria at 646-733-3031.

Sincerely,

Robert B. Swierupski
Director,

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