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NY N008524




April 5, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.90.0500; 1806.90.1000

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

RE: The tariff classification of “mix for chocolate mousse” (Product number CHM-MO-M-X27) from Belgium. Correction to Customs Ruling No. N007134

Dear Mr. Forbes:

This ruling is being issued to correct Customs Ruling No. N007134, dated March 15, 2007. A clerical error was found in the ruling letter. A complete corrected ruling follows.

In your letter dated February 20, 2007, you requested a tariff classification ruling.

The subject merchandise is stated to contain 24.15 percent cocoa paste, 19.95 percent non-fat dry milk, 32.15 percent sugar, 8.4 percent cocoa powder, 6.0 percent vegetable fat, 5.0 percent maltodextrin, 2.5 percent lactic acid, and 1.5 percent milk protein. The total milk solids are 21.45 percent and the total milk fat is 1.69 percent. The product will be shipped in 800-gram bags, packaged for retail sale. The product is ready to use, just add water.

The applicable subheading for the mix for chocolate mousse, if imported in quantities that fall within the limits described in additional U.S. notes 10 to chapter 4, will be 1806.90.0500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Chocolate and other food preparations containing cocoaother other 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 3.5 percent ad valorem. If the quantitative limits of additional U.S. note 1 to chapter 4 have been reached, the product will be classified in subheading 1806.90.1000, HTS, and dutiable at the rate of 52.8 cents per kilogram plus 6 percent ad valorem. In addition, products classified in subheading 1806.90.0800, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.04.59 to 9904.04.66, HTS.

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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