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NY R01787




May 10, 2005

CLA-2-18:RR:NC:SP:232 R01787

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.90.2800

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

RE: The tariff classification of a Chocolate Product from Canada

Dear Mr. Forbes:

In your letter dated April 11, 2005, on behalf of Barry Callebaut Canada, of Hyacinthe, Quebec, you requested a tariff classification ruling.

You supplied descriptive literature with your request, and added more information in a subsequent phone call. The subject merchandise is product E006025. It will be imported in the form of chips and chunks in 0.9-kilo bags, and is intended for use as decoration for baked goods. It is said to consist of 46.7 percent sugar, 25 percent cocoa butter, 18.8 percent milk powder, 9 percent cocoa paste, and traces of lecithin and vanillin. The total milk solids are stated as 18.8 percent, with a milk fat percentage of 5.

The applicable subheading for Product E006025 will be 1806.90.2800, Harmonized Tariff Schedule of the United States, Annotated, (HTSUSA), which provides for Chocolate and other food preparations containing cocoa: Other: Other: Other: Containing butterfat or other milk solids (excluding articles for consumption at retail as candy or confection): Other: Other: Containing less than 21 percent by weight of milk solids. The general rate of duty will be 37.2 cents per kilogram plus 6 percent ad valorem.

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

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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