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NY J82715





April 2, 2003

CLA-2-18:RR:NC:SP:232 J82715

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.10.5500

Mr. Rodney Ralston
UPS Supply Chain Solutions
1 Transborder Drive
Champlain, NY 12919

RE: The tariff classification of a sugar/cocoa blend from Canada

Dear Mr. Ralston:

In your letter dated March 17, 2003, on behalf of Synergy Foods LLC, you requested a tariff classification ruling.

The subject merchandise is stated to contain 94 percent sugar and 6 percent cocoa powder. The sugar is refined in Mexico. The cocoa powder is produced in the United States from cocoa beans from Brazil. The sugar and cocoa powder are sent to Canada, where they are blended and packaged in 2,000 pound totes for shipment to the United States.

The applicable tariff provision for the sugar/cocoa blend will be 1806.10.5500, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for cocoa powder, containing added sugar or other sweetening matter: containing 90 percent or more by dry weight of sugar...articles containing over 65 percent by dry weight of sugar described in additional U.S. note 2 to chapter 17...other. The general rate of duty will be 33.6 cents per kilogram.

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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