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NY R02513




September 13, 2005

CLA-2-18:RR:NC:SP:232 R02513

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.90.5500; 1806.90.5900

Mr. Frank Enriquez
Rita-A-Way CHB
8607 Imperial Highway, Suite 103
Downey, CA 90242

RE: The tariff classification of “Choco Listo” from Colombia

Dear Mr. Enriquez:

In your letter dated August 31, 2005, on behalf of Cordialsa USA, Inc., you requested a tariff classification ruling.

You submitted descriptive literature and product label photographs with your request. The merchandise in question is “Choco Listo”, a powdered drink mix that will be imported in 300-gram canisters for retail sale. The consumer adds milk or water to produce a beverage. The “Choco Listo” is said to consist of 68.5 percent sugar, 27.4 percent cocoa powder, calcium carbonate, lecithin, and traces of salt, flavors, and vitamins

The applicable subheading for the “Choco Listo” powdered drink mix, if imported in quantities that fall within the limits described in additional U.S. note 8 to chapter 17,will be 1806.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides for Chocolate and other food preparations containing cocoa: Other: Other: Other: Articles containing over 10 percent by dry weight of sugar described in additional U.S. note 3 to chapter 17: Described in additional U.S. note 8 to chapter 17 and entered pursuant to its provisions. The duty rate will be 3.5 percent ad valorem. If the quantitative limits of additional U.S. note 8 to chapter 17 have been reached, the product will be classified in subheading 1806.90.5900, HTS, and dutiable at the rate of 37.2 cents per kilogram plus 6 percent ad valorem. In addition, products classified in subheading 1806.90.5900, HTS, will be subject to additional duties based on their value as described in subheadings 9904.17.49 to 9904.17.56, HTS.

Articles classifiable under subheading 1806.90.5500, HTS, which are products of Colombia, are currently entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check the Customs Web site at www.customs.gov. At the Web site, click on "CEBB" and then search for the term "T-GSP".

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 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 CFR 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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