The tariff classification of Product TBD-001 from Canada

NY R01011 November 23, 2004 CLA-2-18:RR:NC:SP:232 R01011 CATEGORY: Classification TARIFF NO.: 1806.90.5500; 1806.90.5900 Mr. Bob Forbes ROE Logistics 660 Bridge Street Montreal, Quebec Canada H3K-3K9 RE: The tariff classification of Product TBD-001 from Canada Dear Mr. Forbes: In your letter dated October 28, 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 TBD-001, described as sample chocolate swirl chips. It will be imported in chip form in a 2-pound bag, and is intended for use as baking inclusions. It is said to consist of 50.22 percent sugar, 41 percent cocoa liquor, 3.58 percent butter oil, 3.34 percent cocoa butter, 1.37 percent cocoa powder, and traces of lecithin and vanilla extract. The milk solids and milk fat are said to be 3.58 percent. The non-fat solids of the cocoa bean nib are stated as 20.49 percent. The applicable subheading for the product TBD-001, chocolate swirl chips, if imported in quantities that fall within the limits described in additional U.S. note 8 to chapter 17, will be 1806.90.5500, Harmonized Tariff Schedule of the United States, Annotated, (HTSUSA), which provides for Chocolate and other food preparations containing cocoa: Other: Other: Other; Articles containing over 10 percent by dry weight of sugar described in additional U.S. note 3 to chapter 17: Described in additional U.S. note 8 to chapter 17 and entered pursuant to its provisions. The general rate of duty will be 3.5 percent ad valorem. If the quantitative limits of additional U.S. note 8 to chapter 17 have been reached, the product will be classified in subheading 1806.90.5900, HTS, and dutiable at the rate of 37.2 cents per kilo plus 6 percent ad valorem. 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 John Maria at (646) 733-3031. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division