The tariff classification of "batons boulangers/bakers sticks" (Product number 0700010-500) from Canada

NY R04878 September 22, 2006 CLA-2-18:RR:E:NC:SP:232 R04878 CATEGORY: Classification TARIFF NO.: 1806.32.3000 Mr. Bob Forbes ROE Logistics 660 Bridge Street Montreal, Quebec Canada H3K 3K9 RE: The tariff classification of “batons boulangers/bakers sticks” (Product number 0700010-500) from Canada Dear Mr. Forbes: In your letter dated September 11, 2006, on behalf of Barry Callebaut Canada, you requested a tariff classification ruling. The subject merchandise is stated to contain 54.35 percent sugar, 42.24 percent chocolate liquor, 2.70 percent cocoa butter, 0.50 percent soya lecithin and 0.01 percent vanilla extract. The product will be imported in the form of sticks weighing 7.5 grams each. There will be 266 sticks per 2 kilogram box. The item will be used in baking. The applicable subheading for “batons boulangers/bakers sticks”, will be 1806.32.3000, Harmonized Tariff Schedule of the United States, Annotated, (HTSUS), which provides for Chocolate and other food preparations containing cocoa: Other, in blocks, slabs or bars: Not filled: 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: Other. The general rate of duty will be 4.3 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 the 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