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NY R04987




October 16, 2006

CLA-2-18:RR:E:NC:SP:232 R04987

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.20.6000

Mr. Bob Forbes
R.O.E. Logistics
660 Bridge Street
Montreal, Quebec
Canada H3K 3K9

RE: The tariff classification of a Sucrose Free Chocolate Coating (Product number 0991380-022) from Canada

Dear Mr. Forbes:

In your letter dated September 29, 2006, on behalf of Barry Callebaut, you requested a tariff classification ruling.

The subject merchandise is stated to contain 30.34 percent polydextrose, 28.40 percent milk protein concentrate, 27.06 percent palm kernel oil, 10.09 percent cocoa powder, 3.34 percent skim milk powder, 0.56 percent soya lecithin, 0.11 percent vanilla extract, and 0.07 percent sucralose. The product is stated to contain 8.98 percent nonfat solids of the cocoa bean nib. The merchandise will be imported in packages exceeding 2 kilograms in the form of wafers/callets. It will be used as a coating.

The applicable subheading for the Sucrose free Chocolate Coating will be 1806.20.6000, Harmonized Tariff Schedule of the United States (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 Confectioners’ coatings and other products (except confectionery) containing by weight not less than 6.8 percent non-fat solids of the cocoa bean nib and not less than 15 percent of vegetable fats other than cocoa butter. The general rate of duty will be 2 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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