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NY N007113




March 15, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.90.3000

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

RE: The tariff classification of “blend of white chocolate and sweet chocolate” (Product number CHM-PC-200WD-W19) from Belgium

Dear Mr. Forbes:

In your letter dated February 19, 2007, on behalf of Barry Callebaut Canada, of Hyacinthe, Quebec, you requested a tariff classification ruling.

The subject merchandise is stated to contain 48.0 percent sugar, 24.5 percent cocoa butter, 12.0 percent dry whole milk, 11.5 percent nonfat dry milk, 3 percent cocoa paste, and traces of soy lecithin and vanillin. The product is intended for use as an icing and decoration paste for cakes, pastries and confectionery. It will be shipped to the USA in 900-gram buckets packaged for retail sale.

The applicable subheading for the product “blend of white chocolate and sweet chocolate” will be 1806.90.3000, Harmonized Tariff Schedule of the United States, (HTSUS), 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: Other: Other. The general rate of duty will be 52.8 cents per kilogram plus 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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