882855 88 Ruling Active

The tariff classification of chocolate chips from Canada.

Issued February 26, 1993 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 1806.90.0073

Headings: 1806

Product description

described as Baker's Real Semi- Sweet Chocolate Chips, which will be imported in retail packages having a net weight of 340 grams. The product is stated to contain approximately 57 percent sugar, 37 percent chocolate liquor, 5 percent cocoa butter and small amounts of lecithin and vanilla flavor. It is noted that the subject merchandise is distinguished from the "Real Semi-Sweet Chocolate Chips" in New York ruling 881787 dated January 18, 1993, which contained a butterfat ingredient.

CBP rationale

The applicable subheading for the Baker's Real Semi-Sweet Chocolate Chips will be 1806.90.0073, Harmonized Tariff Schedule of the United States (HTS), which provides for chocolate and other food preparations containing cocoa: other.

Full text

NY 882855 February 26, 1993 CLA-2-18:S:N:N7:232-882855 CATEGORY: Classification TARIFF NO.: 1806.90.0073 Mr. William J. Maloney Rode & Qualey 295 Madison Avenue New York, N.Y. 10017 RE: The tariff classification of chocolate chips from Canada. Dear Mr. Maloney: In your letter dated February 10, 1993, on behalf of Kraft General Foods, Inc., you requested a tariff classification ruling. The subject merchandise is described as Baker's Real Semi- Sweet Chocolate Chips, which will be imported in retail packages having a net weight of 340 grams. The product is stated to contain approximately 57 percent sugar, 37 percent chocolate liquor, 5 percent cocoa butter and small amounts of lecithin and vanilla flavor. It is noted that the subject merchandise is distinguished from the "Real Semi-Sweet Chocolate Chips" in New York ruling 881787 dated January 18, 1993, which contained a butterfat ingredient. The applicable subheading for the Baker's Real Semi-Sweet Chocolate Chips will be 1806.90.0073, Harmonized Tariff Schedule of the United States (HTS), which provides for chocolate and other food preparations containing cocoa: other...other: put up for retail sale...other. The duty rate will be 7 percent ad valorem. Goods classifiable under subheading 1806.90.0073, HTS, which have originated in the territory of Canada, will be entitled to a 3.5 percent ad valorem rate of duty under the United States- Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations. This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177). A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction. Sincerely, Jean F. Maguire Area Director New York Seaport 

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