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NY R03092




February 3, 2006

CLA-2-18:RR:NC:SP:232 R03092

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 “Shiny Callets” (Product number CHD-SC-811NV-413) from Belgium

Dear Mr. Forbes:

In your letter dated January 12, 2006, on behalf of Barry Callebaut Canada, of Hyacinthe, Quebec, you requested a tariff classification ruling.

The subject merchandise is stated to contain 44 percent sugar, 44 percent cocoa paste, 8 percent cocoa butter, 4 percent butterfat, and traces of soy lecithin and vanilla. You indicate that the product is ready for consumption and has the appearance of a chocolate covered raisin. It will be packaged in 20 kilogram boxes, and used as a decoration for chocolate confectionery, biscuits, bakery items, ice cream, desserts, snacks and cereals.

The applicable subheading for the product “Shiny Callets,” 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: Containing less than 21 percent by weight of milk solids. The rate of duty will be 37.2 cents per kilogram plus 6 percent ad valorem. In addition, products classified in subheading 1806.90.2800, HTS, will be subject to additional duties based on their value as described in subheadings 9904.18.19 to 9904.18.24, HTS.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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