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NY R02021




June 14, 2005

CLA-2-18:RR:NC:SP:232 R02021

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.32.3000

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

RE: The tariff classification of Chocolate Bars from Canada

Dear Mr. Forbes:

In your letter dated May 20, 2005, 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 0921110-549, described as bakers’ squares. It will be imported in 225-gram bars, 12 bars in a box, and is intended for use in baking and cooking. It is said to consist of 64.6 percent cocoa liquor, 32.4 percent sugar, 2.4 percent cocoa butter, and traces of lecithin and vanilla.

The applicable subheading for product 0921110-549, bakers’ squares, will be 1806.32.3000, Harmonized Tariff Schedule of the United States, Annotated, (HTSUSA), which provides for Chocolate and other food preparations containing cocoa: Other, in blocks, slabs or bars: Not filled: Other. The general rate of duty will be 4.3 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 the FDA at telephone number (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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