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NY K80390




November 21, 2003
CLA-2-18:RR:NC:SP:232 K80390

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.90.9090

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

RE: The tariff classification of Rainbow Drops 140500 (Product number 0941000-083) from Canada

Dear Mr. Forbes:

In your letter dated October 24, 2003 2003, on behalf of Barry Callebaut, you requested a tariff classification ruling.

Samples were included with your request. Additional information and samples were submitted with your letter dated November 11, 2003. The subject merchandise is stated to contain 53 percent sugar, 35.28 percent chocolate liquor, 3.04 percent cocoa butter, 2.98 percent titanium dioxide, 1.37 percent corn starch, 2.38 percent artificial color, 0.64 percent anhydrous dextrose and small quantities of various other ingredients. The product is a small disc, which consists of a chocolate center covered in a thin candy shell of various colors. It will be imported in 30 pound bags. The merchandise is used as a decoration on candy, pastry and cookies. It may also be sold as finished confectionery.

The applicable subheading for the Rainbow Drops 140500 will be 1806.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for chocolate and other food preparations containing cocoaother otherother. The general rate of duty will be 6 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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