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NY J89168

October 8, 2003

CLA-2-18:RR:NC:SP:232 J89168


TARIFF NO.: 1806.90.9090

Mr. Bob Forbes
R.O.E. Logistics
474 McGill Street, Suite 300
Montreal, Quebec
Canada, H2Y 2H2

RE: The tariff classification of Grain Café Chocolat (Product number M-7GCC-484) from Canada

Dear Mr. Forbes:

In your letter dated August 29, 2003, on behalf of Barry Callebaut, you requested a tariff classification ruling.

A sample was included with your request. Information was submitted with your initial request dated July 30, 2003. The subject merchandise is stated to contain 44 percent sugar, 37 percent cocoa liquor, 9 percent cocoa butter, 3 percent coffee, 3 percent hazelnuts, 3 percent coating agents and traces of lecithin, and vanilla. The product has the appearance of a coffee bean and will be imported in one kilogram pails. It will be used as a confectionery decoration.

The applicable subheading for the Grain Café Chocolat will be 1806.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for chocolate and other food preparations containing cocoaother otherother. The general rate of duty will be 6 percent ad valorem.

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 646-733-3031.


Robert B. Swierupski

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