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NY K88060

August 17, 2004
CLA-2-18:RR:NC:SP:232 K88060


TARIFF NO.: 1806.20.6000

Mr. Bob Forbes
ROE Logistics
660 Bridge Street
Montreal, Quebec
Canada H3K 3K9

RE: The tariff classification of a Sugar Free Milk Chocolate Coating from Canada

Dear Mr. Forbes:

In your letter dated July 29, 2004, on behalf of Barry Callebaut Canada, of Hyacinthe, Quebec, you requested a tariff classification ruling.

You supplied descriptive literature with your request. The subject merchandise is product 099750-411, described as no sucrose added milk chocolate type coating. The product will be shipped in liquid form in 500-pound drums, and used for coating and/or enrobing confectionery products. It is said to contain 55.84 percent maltitol, 29.16 percent partially hydrogenated palm kernel oil, 7.23 percent cocoa powder, 7.22 percent calcium caseinate, and a trace of lecithin and vanillin. The milk fat percentage is said to be 0.08 percent and the milk solids are stated as 7.15 percent. The nonfat solids of cocoa are said to be 7.01 percent.

The applicable subheading for product 099750-411, no sucrose added milk chocolate type coating, will be 1806.20.6000, Harmonized Tariff Schedule of the United States, Annotated, (HTSUSA), 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: Confectioner’s coatings and other products (except confectionery) containing by weight not less than 6.8 percent non-fat solids of the cocoa bean nib and not less than 15 percent of vegetable fats other than cocoa butter. The general rate of duty will be 2 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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