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NY R01673

April 15, 2005

CLA-2-17:RR:NC:SP:232 R01673


TARIFF NO.: 1704.90.6800

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

RE: The tariff classification of product 50101/5 from Canada

Dear Mr. Forbes:

In your letter dated March 22, 2005, 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 50101/5, called “White Fondue”. The product will be shipped as 8-kilo blocks, and is intended for use as a coating for confectionery, cakes, and pastries. It is said to contain 80.67 percent sugar, 10 percent water, and 9.33 percent glucose syrup.

The applicable subheading for the product 50101/5, “White Fondue”, will be 1704.90.6800, Harmonized Tariff Schedules of the United States, Annotated (HTSUSA), which provides for Sugar confectionery (including white chocolate), not containing cocoa: Other: Other: Other: Articles containing over 65 percent by dry weight of sugar described in additional U.S. note 2 to chapter 17: Other. The general rate of duty will be 40 cents per kilogram plus 10.4 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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