The tariff classification of Semi Sweet Chocolate Blocks from Canada

N220899 July 5, 2012 CLA-2-18:OT:RR:NC:232 CATEGORY: Classification TARIFF NO.: 1806.20.9900 Ms. Sherri Comeau Barry Callebaut 2950 Nelson Street St-Hyacinthe Quebec J2S1Y7 Canada RE: The tariff classification of Semi Sweet Chocolate Blocks from Canada Dear Ms. Comeau: In your letter dated June 11, 2012 you requested a tariff classification ruling. An ingredients breakdown accompanied your letter. The merchandise, Semi Sweet Chocolate Blocks, item number CHD-F11P026-02-A96, is said to contain 46 percent cocoa paste, 43.5 percent sugar, 6.5 percent cocoa powder, 3 percent milkfat, and less than 1 percent of the following: soy lecithin, cocoa butter, PGPR and vanillin. The total milkfat and the total milk solids are said to be 3 percent. The blocks are products of Canada and will weigh approximately 1,000 kilograms each. The product will be melted and used to coat or enrobe baked goods. The applicable subheading for the Semi Sweet Chocolate Blocks, item number CHD-F11P026-02-A96, will be 1806.20.9900, Harmonized Tariff Schedule of the United States (HTSUS), 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: Other: Other: Other: Other. The general rate of duty will be 8.5 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. Sincerely, Thomas J. Russo Director National Commodity Specialist Division