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NY N016991

September 27, 2007



TARIFF NO.: 1806.90.9019

Ms. Sherri Comeau
Barry Callebaut
2950 Nelson Street
St–Hyacinthe, Quebec
J2S1Y7 Canada

RE: The tariff classification of milk chocolate eggs (item 3400018990000-A00) from Canada

Dear Ms Comeau:

In your letter dated September 12, 2007 you requested a classification ruling.

The subject merchandise is stated to contain 43.4 percent sugar, 16.86 percent cocoa paste, 15.1 percent skim milk powder, 14.32 percent cocoa butter, 5 percent lactose, 5 percent butter oil, 0.2 percent soya lecithin, 0.1 percent salt and 0.1 percent vanillin. Milkfat is 5.2 percent and milk solids are 25.1 percent. The merchandise is described as milk chocolate eggs ready for consumption as is; packed in 36 retail bags each weighing 11 ounces.

The applicable subheading for the milk chocolate eggs (item number 3400018990000-A00) will be 1806.90.9019, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Chocolate and other food preparations containing cocoa: 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 Frank Troise at 646-733-3031.


Robert B. Swierupski

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