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NY R01955




May 27, 2005

CLA-2-18:RR:NC:SP:232 R01955

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.32.9000

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

RE: The tariff classification of chocolate bars (product number LSA 131) from Canada

Dear Mr. Forbes:

In your letter dated May 9, 2005, on behalf of Barry Callebaut Canada, you requested a tariff classification ruling.

The subject merchandise is stated to contain 50.11 percent sugar, 16.51 percent cocoa butter, 12.64 percent cocoa liquor, 6.92 percent whole milk, 6.45 percent nonfat dry milk, 4.20 percent cocoa powder, 2.51 percent butteroil, 0.53 percent soya lecithin and 0.10 percent vanilla extract The total milk fat content is 4.54 percent. The product will be imported in one pound bars and used to coat cakes, pastries and confectionery.

The applicable subheading for the chocolate bars will be 1806.32.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for Chocolate and other food preparations containing cocoa: Other, in blocks, slabs or bars: Not filled: Other: Other. 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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