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NY R01774




May 5, 2005

CLA-2-18:RR:NC:SP:232 R01774

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 a Chocolate Product from Canada

Dear Mr. Forbes:

In your letter dated April 7, 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 CHD-SH-1-415, described as a chocolate coating. It will be imported in the form of sprinkles in 1-kilo bags, and is intended for use as decoration for baked goods. It is said to consist of 47.5 percent sugar, 45 percent cocoa paste, 7 percent cocoa butter, and traces of lecithin and vanilla.

The applicable subheading for the product CHD-SH-1-415, chocolate coating, 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 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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