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NY N007869




April 2, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.20.8100; 1806.20.8200

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

RE: The tariff classification of “milk chocolate with hazelnuts” (Product number M-6LNPL-N-128) from France

Dear Mr. Forbes:

In your letter dated March 5, 2007, on behalf of Barry Callebaut Canada, of St. Hyacinthe, Quebec, you requested a tariff classification ruling.

You indicate that the product contains 39.0 percent sugar, 20.0 percent hazelnuts, 19.5 percent cocoa butter, 8.5 percent non-fat dry milk, 6.5 percent dry whole milk, 6.5 percent cocoa paste, and traces of soy lecithin and vanilla. The total milk fat is 2.2 percent and the total milk solids are 15.0 percent. You note that the percentage of milk fat is included in the percentage of milk solids. It will be shipped in 2.5-kilogram bags and is ready to use. The product is intended for use in the molding of cakes, pastries, and confectionery or on ice cream.

The applicable subheading for “milk chocolate with hazelnuts,” if imported in quantities that fall within the limits described in additional U.S. note 10 to chapter 4, will be 1806.20.8100, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for Chocolate and other food preparations containing cocoa: Other preparations in blocks or slabs 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: Dairy products described in additional U.S. note 1 to chapter 4: Described in additional U.S. note 10 to chapter 4 and entered pursuant to its provisions. The general rate of duty will be 10 percent ad valorem. If the quantitative limits of additional U.S. note 10 to chapter 4 have been reached, the product will be classified in subheading 1806.20.8200, HTS, and dutiable at the rate of 37.2 cents per kilogram plus 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 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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