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NY R00948




November 3, 2004
CLA-2-18:RR:NC:SP:232 R00948

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.90.5500; 1806.90.5900

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

RE: The tariff classification of a Chocolate Product from Canada

Dear Mr. Forbes:

In your letter dated October 15, 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 LS 9443, described as a sample of a chocolate ingredient. It will be imported in chip and chunk form in a 1 pound bag, and is intended for use as baking inclusions. It is said to consist of 57.22 percent sugar, 25.46 percent palm kernel oil, 10.18 percent cocoa powder, 6.62 percent buttermilk, and traces of lecithin and vanilla. The milk fat is said to be 0.33 percent, and the milk solids are 6.62 percent. The non-fat solids of the cocoa bean nib are stated as 9.06 percent.

The applicable subheading for product LS 9443, chocolate ingredient, if imported in quantities that fall within the limits described in additional U.S. note 8 to chapter 17, will be 1806.90.5500, Harmonized Tariff Schedule of the United States, Annotated, (HTSUSA), 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 general 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 kilo plus 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.

Sincerely,

Robert B. Swierupski
Director,

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