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NY N009300

May 2, 2007



TARIFF NO.: 1806.90.9090

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

RE: The tariff classification of “sweet chocolate flakes” (Product number M-7PCHF-412) from Belgium. Correction to Ruling Number N007908

Dear Mr. Forbes:

This ruling is being issued to correct Customs Ruling No. N007908, dated April 2, 2007. A clerical error was found in the ruling letter. A complete corrected ruling follows.

In your letter dated March 6, 2007, on behalf of Barry Callebaut Canada, of St. Hyacinthe, Quebec, you requested a tariff classification ruling.

You indicate that the product contains 55.0 percent sugar, 39.0 percent cocoa paste, 2.5 percent cocoa butter, 2.0 percent dry whole milk, 1.5 percent butterfat and traces of vanillin flavor. The product is in the form of flakes. It will be shipped in 1-kilogram bags and is not packaged for retail sale. The product is intended for use in the decoration of cakes, pastry or ice cream.

The applicable subheading for the “sweet chocolate flakes” 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: 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 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 Frank Troise at 646-733-3031.


Robert B. Swierupski

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