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NY R01247

January 28, 2005

CLA-2-18:RR:NC:SP:232 R01247


TARIFF NO.: 1806.90.0500; 1806.90.1000

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

RE: The tariff classification of Caprimo Choco Drink from Canada

Dear Mr. Forbes:

In your letter dated December 30, 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 “Caprimo Choco Drink”, described as a freeze-dried chocolate drink powder. It will be imported in 25-gram sachets/packets, and is intended for use in vending machines. It is said to contain 52 percent sugar, 22.88 percent whey powder, 16 percent cocoa powder, 8 percent skim milk powder, and traces of anti-caking agents, salt, and flavor. The total milk fat is said to be 0.5 percent, and the total milk solids are said to be 38.8 percent. Non-fat cocoa solids are stated as 14.2 percent.

The applicable subheading for the Caprimo Choco Drink, if imported in quantities that fall within the limits described in additional U.S. note 8 to chapter 17, will be 1806.90.0500, Harmonized Tariff Schedule of the United States, Annotated, (HTSUSA), which provides for Chocolate and other food preparations containing cocoa: Other: Other: Other: Dairy products described in additional U.S. note 1 to chapter 4: Described in additional U.S. note 10 to chapter 4 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 1 to chapter 4 have been reached, the product will be classified in subheading 1806.90.1000, HTS, and dutiable at the rate of 52.8 cents per kilo plus 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.


Robert B. Swierupski

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