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NY G81822

September 11, 2000

CLA-2-18:RR:NC:SP:232 G81822


TARIFF NO.: 1806.90.5500; 1806.90.5900

Mr. Manuel Ramos Gandia
US Customs Broker
PO Box 9066613
San Juan, PR 00906-6440

RE: The tariff classification of “Chocolisto” from Colombia

Dear Mr. Ramos Gandia

In your letter dated August 29, 2000, on behalf of Boricua Empaque, Inc., of San Juan, Puerto Rico, you requested a tariff classification ruling.

You submitted descriptive literature, product samples, and specifications with your request. The merchandise in question is “Chocolisto”, a powdered drink mix that will be imported in 300-gram canisters. The consumer adds milk or water to produce a beverage. The “Chocolisto” is said to consist of 64 percent sugar, 27.39 percent cocoa powder, 4.49 percent dextrose, 2.01 percent calcium carbonate, 1.4 percent lecithin, and traces of salt, flavors, and vitamins.

The applicable subheading for the “Chocolisto” powdered drink mix, if imported in quantities that fall within the limits described in additional U.S. note 8 to chapter 17, will be will be 1806.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides for Chocolate and other food preparations containing cocoa: Other: Other: Other: Articles containing over 10 percent by dry weight of sugar described in additional U.S. note 3 to chapter 17: Described in additional U.S. note 8 to chapter 17 and entered pursuant to its provisions. The rate of duty will be 3.5 percent ad valorem. If the quantitative limits of additional U.S. note 8 to chapter 17 have been reached, the product
will be classified in subheading 1806.90.5900, HTS, and dutiable at the rate of 37.2 cents per kilogram plus 6 percent ad valorem. In addition, products classified in subheading 1806.90.5900, HTS, will be subject to additional duties based on their value as described in subheadings 9904.17.49 to 9904.17.56, HTS.

Articles classifiable under subheading 1806.90.5500, HTS, which are products of Colombia may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check the Customs Web site at www.customs.gov. At the Web site, click on "CEBB" then search for the term "GSP".

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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