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NY R01568

March 10, 2005

CLA-2-18:RR:NC:SP:232 R01568


TARIFF NO.: 1806.20.9500; 1806.20.9800

Mr. Bob Forbes
R.O.E. Logistics
660 Bridge Street
Montreal, Quebec
Canada H3K 3K9

RE: The tariff classification of Van Houten Choco Sachets (Product number 72111) from Canada

Dear Mr. Forbes:

In your letter dated March 2, 2005, on behalf of Barry Callebaut, you requested a tariff classification ruling.

The subject merchandise is stated to contain 45 percent sugar, 16.80 percent glucose syrup, 15 percent cocoa powder, 10.20 percent vegetable fat, 8 percent skim milk powder, 2.70 percent lactose (99 percent pure), 0.78 percent stabilizer, 0.60 percent salt, 0.42 percent anti caking agent, 0.30 percent milk protein, 0.14 percent emulsifier, and 0.06 percent aroma. The total milk fat content is 0.05 percent. The product is described as a spray dried powder. It will be imported in bulk in dispenser bags, and used in the retail and food service markets for chocolate drinks. It is understood that the merchandise will be imported in packing of a content exceeding 2 kilograms.

The applicable tariff provision for the Van Houten Choco Sachets, if imported in quantities that fall within the limits described in additional U.S. note 8 to Chapter 17, will be 1806.20.9500, 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: Other: 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 10 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 1806.20.9800, HTSUSA, and dutiable at the rate of 37.2 cents per kilogram plus 8.5 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 telephone number (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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