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NY N011124

June 12, 2007



TARIFF NO.: 1806.32.9000

Ms. Sherri Comeau
Barry Callebaut
2950 Nelson Street
St-Hyacinthe, Quebec
J2S 1Y7 Canada

RE: The tariff classification of Semi Sweet Chocolate Tasting Bar from Canada

Dear Ms. Comeau:

In your letter dated May 9, 2007 you requested a tariff classification ruling.

The subject merchandise is described as Semi Sweet Chocolate Tasting Bar. The product is a tasting bar used for sampling purposes and is not packaged for retail. It is 6.06 inches long, 2.95 inches wide and is 0.39 inches thick. It is said to contain 45.530 percent fine sugar, 43.704 percent cocoa paste, 8.455 percent cocoa butter, 1.624 percent cocoa powder, 0.507 percent soya lecithin, 0.101 percent vanilla extract and 0.08 percent vanillin.

The applicable subheading for the Chocolate Peanut Butter Oat Bars will be 1806.32.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Chocolate and other food preparations containing cocoa: Other, in blocks, slabs or bars: Not filled: Other: Other. The general 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 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 Frank Troise at 646-733-3031.


Robert B. Swierupski

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