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NY R05107

November 3, 2006

CLA-2-18:RR:E:NC:SP:232 R05107


TARIFF NO.: 1806.90.9090

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

RE: The tariff classification of “Bittersweet chocolate pistols” (product number CHD-Q75OTAZ-590 from France.

Dear Mr. Forbes:

In your letter dated October 24, 2006, phone contact, and email follow up, on behalf of Barry Callebaut Canada, of Hyacinthe, Quebec, you requested a tariff classification ruling.

The subject merchandise is stated to contain: 67.5 percent cocoa paste, 23.5 percent sugar, and 9.0 percent cocoa butter and a traces of natural vanilla. It will be imported in the form of “pistols” which you describe in your follow up email as a large chocolate chip (approximately 1 Inch in diameter) that has been flattened. The “pistols” will be imported in 1 kilogram boxes. They are to be melted and used as a couverture for cakes, pastries and confectionery.

The applicable subheading for the “Bittersweet chocolate pistols”, 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.


Robert B. Swierupski

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