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NY C83187

January 27, 1998

CLA-2-18:RR:NC:SP:232 C83187


TARIFF NO.: 1806.20.2090

Mr. Patrick Aldred
8030 National Highway
Pennsauken, NJ 08109

RE: The tariff classification of Milk Chocolate Blocks from Belgium.

Dear Mr. Aldred:

In your letter dated January 6, 1998, you requested a tariff classification ruling.

You submitted descriptive literature with your request. The merchandise in question is 5 kilogram blocks of chocolate of two compositions. The ingredient breakdown information and related samples had been submitted in previous ruling requests.

The first item, Product 0305/J, milk chocolate, is said to consist of 42.74 percent sucrose, 23.08 percent cocoa butter, 11.08 percent cocoa liquor, 22.54 percent whole milk powder, and traces of lecithin and flavor. The next item, Product 0305/M, milk chocolate, is stated to contain 43.86 percent sucrose, 21.06 percent cocoa butter, 11.37 percent cocoa liquor, 23.13 percent whole milk powder, and traces of lecithin and flavor.

The applicable subheading for the 0305/J and the 0305/M 5 kilogram blocks 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, 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 each...Containing butterfat or other milk solids. The rate of duty will be free.

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

A copy of this 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 John Maria at 212-466-5730.


Robert B. Swierupski

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