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NY I89812




January 24, 2003

CLA-2-18:RR:NC:SP:232 I89812

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.20.9900

Mr. Bob Forbes
ROE Logistics
474 McGill Street – Suite 300
Montreal, Quebec
Canada H2Y 2H2

RE: The tariff classification of a Chocolate Coating from Canada

Dear Mr. Forbes:

In your letter received January 13, 2003, on behalf of Barry Callebaut Canada, of Hyacinthe, Quebec, you requested a tariff classification ruling.

You supplied descriptive literature with your request. The subject merchandise is product 0933190-421, described as “Breda Chunks”. It will be imported in 30-pound cases and is intended for use as a coating for confectionery and/or pastry or as inclusions for baking. It is said to contain 47.21 percent sugar, 31.65 percent cocoa liquor, 11.12 percent cocoa butter, 7.98 percent cocoa powder, 1.59 percent milk fat, and traces of lecithin and vanilla. The total milk fat is said to be 1.59 percent.

The applicable subheading for product 0933190-421, “Breda Chunks” will be 1806.20.9900, Harmonized Tariff Schedule of the United States, Annotated, (HTSUSA), 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: Other: Other: Other. The general rate of duty will be 8.5 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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