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NY R01833




May 10, 2005

CLA-2-18:RR:NC:SP:232 R01833

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.90.9090

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

RE: The tariff classification of a dessert sauce (Product number 60122) from Canada

Dear Mr. Forbes:

In your letter dated April 21, 2005, on behalf of Barry Callebaut, you requested a tariff classification ruling.

The subject merchandise is stated to contain 27.1 percent glucose syrup, 23.3 percent water, 21.1 percent sugar, 23 percent cocoa paste, 2.6 percent nonfat dry milk and 1.6 percent cocoa powder. The product will be imported in one kilogram bottles. The merchandise is used as a topping on desserts, cakes and pastry.

The applicable subheading for the dessert sauce will be 1806.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for chocolate and other food preparations containing cocoaother 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 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.

Sincerely,

Robert B. Swierupski
Director,

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