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NY R04253




July 11, 2006

CLA-2-18:RR:NC:SP:232 R04253

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.20.9900

Mr. Marc A. Romano
PBB Global Logistics, Inc.
670 Young Street
Tonawanda, NY 14150

RE: The tariff classification of Bittersweet Chocolate Syrup from Canada

Dear Mr. Romano:

In your letter dated June 21, 2006, on behalf of Dawn Food Products of Canada, Ltd., you requested a tariff classification ruling.

Information was submitted with your initial request dated May 17, 2006. The subject merchandise is stated to contain 72 percent high fructose corn syrup, 16 percent water, 9 percent cocoa powder, less than 3 percent of potassium carbonate, sugar, cocoa butter, soy lecithin, and less than 1 percent of flavor, gum, etc. The product will be imported in ½ gallon jugs with a net weight of 2.43 kilograms. It will be sold to various restaurants and food service institutions.

The applicable subheading for the Bittersweet Chocolate Syrup, will be 1806.20.9900, Harmonized Tariff Schedule of the United States, Annotated, (HTSUS), 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: Other: Other: Other: Other. The general rate of duty will be 8.5 percent ad valorem.

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 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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