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NY R04896




September 22, 2006

CLA-2-18:RR:E:NC:SP:232 R04896

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.20.5000

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

RE: The tariff classification of “Semi-sweet Chocolate, dry stock” (Product number 0753190-045) from Canada

Dear Mr. Forbes:

In your letter dated September 13, 2006, on behalf of Barry Callebaut Canada, of Hyacinthe, Quebec, you requested a tariff classification ruling.

The subject merchandise is stated to contain 56.23 percent sugar, 43.76 percent cocoa liquor. You indicate that the product will be shipped in powder form. It will be shipped in 45-pound cases for use in baking.

The applicable subheading for the product “Semi-sweet Chocolate, dry stock”, if imported in quantities that fall within the limits described in additional U.S. note 1 to chapter 18, will be 1806.20.5000, Harmonized Tariff Schedule of the United States Annotated (HTSUS), which provides for chocolate and other food preparations containing cocoa: Other preparationsin liquid, paste powder, granular or other bulk form in containers or immediate packings, of a content exceeding 2 kg: Preparations consisting wholly of ground cocoa beans, with or without added cocoa fat, flavoring or emulsifying agents, and containing not more than 32 percent by weight of butterfat or other milk solids and not more than 60 percent by weight of sugar: Other: Other. The general rate of duty will be 4.3 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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