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NY N006038





February 20, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.90.9090

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

RE: The tariff classification of “Sweet chocolate sprinkles/splinters/flakes” (Product number SPLIT-9-D-472) from Belgium

Dear Mr. Forbes:

In your letter dated January 29, 2007, you requested a tariff classification ruling.

The subject merchandise is stated to contain 58.0 percent sugar, 32.5 percent cocoa liquor, 7.0 percent cocoa powder, 2.0 percent butterfat, and traces of soy lecithin and vanilla flavor. It will be shipped in 5-kilogram bags in the form of flakes (sprinkles/splinters). The product is intended for used as decorate desserts.

The applicable subheading for the product “Sweet chocolate sprinkles/splinters/flakes” will be 1806.90.9090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Chocolate and other food preparations containing cocoa: Other: Other: OtherOther. The duty rate will be 6 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 Frank Troise at 646-733-3031.

Sincerely,

Robert B. Swierupski
Director,

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