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K84526 K8 Ruling Active

The tariff classification of a Dark Chocolate Coating from Canada

Issued April 6, 2004 by U.S. Customs and Border Protection.

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K8 K84526 (April 6, 2004)

Tariff classification

HTS codes: 1806.20.2010

Headings: 1806

Product description

You supplied descriptive literature with your request. The subject merchandise is product BIO-D3-105, described as bittersweet chocolate. It will be imported in 5-kilo blocks. This product is intended for use in coating or enrobing confectionery and/or pastry. It is said to contain 69 percent cocoa liquor, 26 percent sugar, and 5 percent cocoa fat.

CBP rationale

The applicable subheading for product BIO-D3-105, bittersweet chocolate coating, will be 1806.20.2010, Harmonized Tariff Schedule of the United States, Annotated, (HTSUSA), which provides for Chocolate and other food preparations containing cocoa: Other preparations in blocks, slabs or bars weighing more than 2 kg or in liquid, paste, powder, granular or other bulk form in containers or immediate packings, of a content exceeding 2 kg: Preparations consisting wholly of ground cocoa beans, with or without added cocoa fat, flavoring or emulsifying agents, and containing not more than 32 percent by weight of butterfat or other milk solids and not more than 60 percent by weight of sugar: In blocks or slabs weighing 4.

Full text

NY K84526 April 6, 2004 CLA-2-18:RR:NC:SP:232 K84526 CATEGORY: Classification TARIFF NO.: 1806.20.2010 Mr. Bob Forbes ROE Logistics 660 Bridge Street Montreal, Quebec Canada H3K 3K9 RE: The tariff classification of a Dark Chocolate Coating from Canada Dear Mr. Forbes: In your letter received March 23, 2004, on behalf of Barry Callebaut Canada, of Hyacinthe, Quebec, you requested a tariff classification ruling. You supplied descriptive literature with your request. The subject merchandise is product BIO-D3-105, described as bittersweet chocolate. It will be imported in 5-kilo blocks. This product is intended for use in coating or enrobing confectionery and/or pastry. It is said to contain 69 percent cocoa liquor, 26 percent sugar, and 5 percent cocoa fat. The applicable subheading for product BIO-D3-105, bittersweet chocolate coating, will be 1806.20.2010, Harmonized Tariff Schedule of the United States, Annotated, (HTSUSA), which provides for Chocolate and other food preparations containing cocoa: Other preparations in blocks, slabs or bars weighing more than 2 kg or in liquid, paste, powder, granular or other bulk form in containers or immediate packings, of a content exceeding 2 kg: Preparations consisting wholly of ground cocoa beans, with or without added cocoa fat, flavoring or emulsifying agents, and containing not more than 32 percent by weight of butterfat or other milk solids and not more than 60 percent by weight of sugar: In blocks or slabs weighing 4.5 kg or more each…Not containing butterfat or other milk solids. The general rate of duty will be free. 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 John Maria at (646) 733-3031. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division

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