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NY N006042

February 6, 2007



TARIFF NO.: 1806.90.9090

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

RE: The tariff classification of “garnivite-dark writing paste” (product number 25743) from Switzerland

Dear Mr. Forbes:

In your letter dated January 29, 2007, you requested a tariff classification ruling.

The subject merchandise is stated to contain 50.0 percent sugar, 21.24 percent cocoa powder, 16.7 percent vegetable oil, 11.6 percent vegetable fat, 0.08 percent glucose syrup (81.5 degree brix), 0.39 percent soya lecithin and 0.02 percent vanillin. The product contains 16.9 percent dry cocoa solids. The product will be shipped in 1.2-kilo bags. It is intended for use as writing paste for cakes and pastries.

The applicable subheading for the garnivite-dark writing paste 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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