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NY I88681




December 12, 2002

CLA-2-18:RR:NC:SP:232 I88681

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.20.5000

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

RE: The tariff classification of Dark Chocolate Couverture (Product number CHD-R665-LN-128) from Canada

Dear Mr. Forbes:

In your letter dated November 26, 2002, on behalf of Barry Callebaut Canada Inc., you requested a tariff classification ruling.

The subject merchandise is stated to contain 60 percent cocoa liquor, 33 percent sugar, 7 percent cocoa butter and 0.5 percent soya lecithin and vanilla. The product will be imported in the form of blocks weighing 2.5 kilograms each. It will be used as a coating.

The applicable subheading for the Dark Chocolate Couverture will be 1806.20.5000, 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...otherother. The rate of duty will be 4.3 percent ad valorem.

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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