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R01978 R0 Ruling Active

The tariff classification of flow wrap chocolate bars (product number PSA 079) from Canada

Issued May 27, 2005 by U.S. Customs and Border Protection.

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R0 R01978 (May 27, 2005)

Tariff classification

HTS codes: 1806.32.9000

Headings: 1806

Product description

The subject merchandise is stated to contain 43.90 percent chocolate liquor, 26.07 percent sugar, 17.88 percent cocoa powder, 11.51 percent cocoa butter, and 0.63 percent soya lecithin. The product will be imported in individually wrapped one ounce bars and used in the production of cakes, pastries and confectionery.

CBP rationale

The applicable subheading for the flow wrap chocolate bars, will be 1806.32.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for Chocolate and other food preparations containing cocoa: Other, in blocks, slabs or bars: Not filled: Other: Other.

Full text

NY R01978 May 27, 2005 CLA-2-18:RR:NC:SP:232 R01978 CATEGORY: Classification TARIFF NO.: 1806.32.9000 Mr. Bob Forbes R.O.E. Logistics 660 Bridge Street Montreal, Quebec Canada H3K 3K9 RE: The tariff classification of flow wrap chocolate bars (product number PSA 079) from Canada Dear Mr. Forbes: In your letter dated May 13, 2005, on behalf of Barry Callebaut Canada, you requested a tariff classification ruling. The subject merchandise is stated to contain 43.90 percent chocolate liquor, 26.07 percent sugar, 17.88 percent cocoa powder, 11.51 percent cocoa butter, and 0.63 percent soya lecithin. The product will be imported in individually wrapped one ounce bars and used in the production of cakes, pastries and confectionery. The applicable subheading for the flow wrap chocolate bars, will be 1806.32.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for Chocolate and other food preparations containing cocoa: Other, in blocks, slabs or bars: Not filled: Other: Other. The general rate of duty will be 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 telephone number (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

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