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NY K86567




July 1, 2004
CLA-2-18:RR:NC:SP:232 K86567

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.20.2090

Mr. Bob Forbes
ROE Logistics
660 Bridge Street
Montreal, Quebec
Canada H3K-3K9

RE: The tariff classification of a Milk Chocolate from Canada

In your letter dated May 27, 2004, 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 11-0250, described as a milk chocolate blend. It will be imported in 19,000 kilo blocks, and is intended to be melted and molded into chunks that are used in baking. It is said to contain 53.41 percent sugar, 21.24 percent cocoa butter, 10.54 percent chocolate liquor, 5.47 percent nonfat dry milk, 4.81 percent whole milk powder, 2.56 percent butter oil, 1.46 percent lactose, and traces of lecithin, and flavors. The total milk fat is said to be 3.98 percent, and the total milk solids are said to be 14.32 percent.

The applicable subheading for Product 11-0250 will be 1806.20.2090, 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: 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: In blocks or slabs weighing 4.5 kg or more eachContaining butterfat or other milk solids. The general rate of duty will be free

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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