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NY 886769





June 4, 1993

CLA-2-18:S:N:N7:232-886769

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.20.2090

Mr. Raul Torres
Nutri-Caribe, Inc.
PO Box 360853
San Juan, Puerto Rico 00936-0853

RE: The tariff classification of chocolate products from the Dominican Republic.

Dear Mr. Torres:

In your letter dated May 26, 1993 you requested a tariff classification ruling.

Samples were included with your request. The subject merchandise is stated to contain 55 percent sugar, 17 percent cocoa butter, 15 percent whole milk powder and 13 percent chocolate liquor. Product A will be imported in blocks of 10 pounds or more. Product B will be imported in powder form in paper bags of 60 pounds. The merchandise will be used to manufacture chocolate bars, and to enrobe candy, biscuits, cakes etc.

The applicable subheading the Product A will be 1806.20.2090, Harmonized Tariff Schedule of the United States (HTS), 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: 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 each...containing butterfat or other milk solids. The duty rate will be free.

Your inquiry does not provide enough information for us to give a classification ruling on Product B. Your request for a classification ruling should include the percentage by weight of the butterfat in the product.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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