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NY F85508

April 25, 2000

CLA-2-18:RR:NC:SP:232 F85508


TARIFF NO.: 1806.20.7300

Mr. Louise Chevanelle
Leveille et Fils Inc.
250, rue St-Urbain Street
Granby, (Que.), Canada
J2G 8M8

RE: The tariff classification of Chocolate Nat./Art. Flavor 006040GB from Canada

Dear Mr. Louise:

In your letter dated April 3, 2000, on behalf of Metarom Canada Inc., you requested a tariff classification ruling.

Information was submitted with your initial request dated March 3, 3000. The subject merchandise is stated to contain 89.06 percent sugar, 10.00 percent cocoa powder, 00.80 percent natural & artificial flavors and 00.14 percent salt. The product is in the form of a powder. After importation, it will be mixed with milk to manufacture chocolate milk. It will be imported in a 25 kilogram bag.

The applicable subheading for the Chocolate Nat./Art. Flavor 006040GB will be 1806.20.7300, 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: Other: Containing more than 65 percent by dry weight of sugar described in additional U.S. note 2 to chapter 17: Other. The rate of duty will be 30.5 cents per kilogram plus 8.5 percent ad valorem.

Additional requirements may be imposed on this product by the Food and Drug Administration. You may contact the FDA at:

Food and Drug Administration
Guidelines and Regulations Branch
HFF 314, 200 C Street, SW
Washington, D.C. 20204
Tel. # 202-205-4681

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 John Maria at 212-637-7059.


Robert B. Swierupski

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