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NY R01093




December 8, 2004

CLA-2-18:RR:NC:SP:232 R01093

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.90.9090

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

RE: The tariff classification of Product LSH 8570 from Canada

Dear Mr. Forbes:

In your letter dated November 22, 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 LSH 8570 described as a milk flavored calcium enriched compound. It will be imported in ez melt wafer form in a 1 pound bag, and is intended for use in enrobing pastries, cakes and other desserts. It is said to consist of 42.85 percent sugar, 24.98 percent vegetable oil, 13.26 percent precipitated calcium carbonate, 9.18 percent cocoa powder, 6.12 percent skim milk powder, 3 percent inulin, and traces of lecithin and vanillin. The non-fat cocoa bean solids are stated to be 9.18 percent. The milk solids are said to be 6.12 percent, and the milk fat is said to be 0.06 percent.

The applicable subheading for product LSH 8570 will be 1806.90.9090, Harmonized Tariff Schedule of the United States, Annotated, (HTSUSA), which provides for Chocolate and other food preparations containing cocoa: Other: Other: OtherOther. The general rate of duty will be 6 percent ad valorem.

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

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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