The tariff classification of "Cocoa Camino Milk Chocolate Hot Chocolate" and "Cocoa Camino Fat Free Hot Chocolate" from Canada

NY I82856 June 14, 2002 CLA-2-18:RR:NC:SP:232 I82856 CATEGORY: Classification TARIFF NO.: 1806.90.5500; 1806.90.5900 Mr. Ronald A. McFarlane Glover Customs Brokers Inc. 1510 Walkley Road Ottawa, Ontario KIV 6P5 RE: The tariff classification of “Cocoa Camino Milk Chocolate Hot Chocolate” and “Cocoa Camino Fat Free Hot Chocolate” from Canada Dear Mr. McFarlane: In your letter dated May 28, 2002, on behalf of La Siembra Cooperative, you requested a tariff classification ruling. Samples and information were submitted with your initial request dated April 15, 2002. The “Cocoa Camino Milk Chocolate Hot Chocolate” and the “Cocoa Camino Fat Free Hot Chocolate” are stated to contain various proportions of cocoa, skim milk power, whey powder, sugar, salt vanilla and cellulose gum. The products will be imported packaged for retail sale in 12 ounce cardboard canisters. The products are used by mixing them with water or milk. The applicable subheading for the “Cocoa Camino Milk Chocolate Hot Chocolate” and the “Cocoa Camino Fat Free Hot Chocolate”, 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 Schedules of the United States (HTS), which provides for Chocolate and other food preparations containing cocoa: Other: 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 kilogram plus 6 percent ad valorem 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