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NY R02787




November 23, 2005

CLA-2-18:RR:NC:SP:232 R02787

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.90.5500; 1806.90.5900

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

RE: The tariff classification of “Milk Chocolate Yummies White” (Item number 0601170-500, Product DC440) from Canada

Dear Mr. Forbes:

In your letter dated November 4, 2005, on behalf of Barry Callebaut Canada, of Hyacinthe, Quebec, you requested a tariff classification ruling.

Additional information was submitted on November 8, 2005 by electronic mail. The subject merchandise is stated to contain 43.36 percent sugar, 11.51 percent cocoa butter, 7.89 percent natural chocolate liquor, 7.39 percent non fat dry milk, 2.51 percent butteroil, 0.25 percent soya lecithin, 0.06 percent vanillin, and 27 percent candy decoration (sugar, corn starch, confectioner’s glaze, carnauba wax). The product contains 9.91 percent milk solids with 2.59 percent total milk fat. The merchandise will be imported in the form of wafers in 30 pound packages containing 6 boxes weighing 5 pounds each. The wafers will be removed from the 5 pound boxes and placed in bulk bins in a candy store.

The applicable subheading for the “Milk Chocolate Yummies White”, if imported in quantities that fall within the limits described in additional U.S. note 8 to chapter 17, will be 1806.90.5500, Harmonized Tariff Schedule of the United States, Annotated, (HTSUSA), which provides for Chocolate and other food preparations containing cocoa: 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 3.5 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 1806.90.5900, HTS, and dutiable at the rate of 37.2 cents per kilogram plus 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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