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NY N004389

January 12, 2007



TARIFF NO.: 1806.90.9090

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

RE: The tariff classification of “chocolate dark-truffle shells” (product number E006020) from Netherlands,

Dear Mr Forbes:

In your letter dated 12/08/06 you requested a tariff classification ruling.

The subject merchandise is stated to contain 43.0 percent cocoa paste, 41.0 percent sugar, 14.0 percent cocoa butter, 1 .0 percent vanilla, 1.0 percent emulsifier, and 1.0 percent soya lecithin. The product will be shipped in boxes weighing 1.41 kilograms. The product is ready to use and is in the form of chocolate sea shells. The merchandise will be packaged for sale directly to bakeries, to be used in baking.

The applicable subheading for the “chocolate dark-truffle shells” will be 1806.90.9090, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for Chocolate and other food preparations containing cocoa: Other: Other: Other Other. 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 FDA at 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 Paul Hodgkiss at 646-733-3031.


Robert B. Swierupski

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