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NY N017083




October 4, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.20.2010

Ms. Sherri Comeau
Barry Callebaut
2950 Nelson Street
St-Hyacinthe, Quebec
Canada J2S 1Y7

RE: The tariff classification of “Blend Semisweet Chocolate” from Canada

Dear Ms. Comeau:

In your letter dated September 14, 2007 you requested a tariff classification ruling.

The subject merchandise is item TF16-B003, described as “Blend Semisweet Chocolate”. It is said to contain 58.0 percent sugar, 35.75 percent cocoa paste, 6.0 percent cocoa butter and 0.25 percent soya lecithin. It will be in the form of 1 ton blocks. It is intended for use as a base in the manufacture/production of confectionery recipes.

The applicable subheading for the “Blend Semisweet Chocolate” will be 1806.20.2010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Chocolate and other food preparations containing cocoa: Other preparations in blocks, slabs or bars 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: Preparations consisting wholly of ground cocoa beans, with or without added cocoa fat, flavoring or emulsifying agents, and containing not more than 32 percent by weight of butterfat or other milk solids and not more than 60 percent by weight of sugar: In blocks or slabs weighing 4.5 kg or more eachNot containing butterfat or other milk solids. The general rate of duty will be free.  

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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