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NY R05103




November 1, 2006

CLA-2-18:RR:E:NC:SP:232 R05103

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 “Chocolate callets” (product number CHD-SH-7-416 from France.

Dear Mr. Forbes:

In your letter dated October 23, 2006, on behalf of Barry Callebaut Canada, of Hyacinthe, Quebec, you requested a tariff classification ruling.

The subject merchandise is stated to contain 49.5 percent sugar, 47.5 percent cocoa paste, 2.0 percent anhydrous milkfat, 1.0 percent cocoa powder, and traces of soya lecithin and vanillin. The item in question will be imported in 2 kilograms boxes, in the form of callets (small disks) to be used for enrobing cakes and pastries.

The applicable subheading for the “Chocolate callets”, will be 1806.90.9090 Harmonized Tariff Schedule of the United States, Annotated, (HTSUS), which provides for chocolate and other food preparations containing cocoaother otherother. The rate of duty will be 6 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 the 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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