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NY R05155




November 13, 2006

CLA-2-21:RR:E:NC:N2:228 R05155

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.8200

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

RE: The tariff classification of a coating material from France

Dear Mr. Forbes:

In your letter dated October 31, 2006, on behalf of Barry Callebaut Canada, you requested a tariff classification ruling.

Product no. M-7BDI-482 is described as a product in liquid form, composed of 39.5 percent glucose, 29 percent sugar, 18.5 percent cocoa butter, 12.5 percent dry whole milk, and trace amounts of lecithin, vanillin, and artificial flavor. The product will be imported in 2.5 kilogram buckets and used, in its imported condition, to enrobe cakes.

The applicable subheading for this product will be 2106.90.8200, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or includedotherothercontaining over 10 percent by weight of milk solidsotherother. The rate of duty will be 6.4 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 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 Stanley Hopard at 646-733-3029.

Sincerely,

Robert B. Swierupski
Director,

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