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NY I89996




January 28, 2003

CLA-2-18:RR:NC:SP:232 I89996

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.20.5000

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

RE: The tariff classification of a Chocolate Product from Canada

Dear Mr. Forbes:

In your letter dated January 14, 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 0799990-500-PSH 7946, described as a sweet chocolate liquid. It will be imported in tanker trucks. After importation this product will be mixed and/or blended with other chocolate products. It is said to contain 59.92 percent sugar, 21.42 percent cocoa liquor, 18.1 percent cocoa butter, and traces of lecithin and vanilla.

The applicable subheading for product 0799990-500-PSH 7946, sweet chocolate liquid, will be 1806.20.5000, 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: Other: Other. The general 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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