The tariff classification of "milk chocolate" (product number 11-0079A) from Canada

N005200 February 1, 2007 CLA-2-18:RR:E:NC:N2:232 CATEGORY: Classification TARIFF NO.: 1806.20.2090 Mr. Bob Forbes ROE Logistics 660 Bridge Street Montreal, Quebec Canada H3K 3K9 RE: The tariff classification of “milk chocolate” (product number 11-0079A) from Canada Dear Mr. Forbes: In your letter dated January 8, 2007, you requested a tariff classification ruling. The subject merchandise is stated to contain 50.14 percent sugar, 16.59 percent cocoa butter, 11.41 percent cocoa liquor, 10.85 percent skim milk powder, 6.42 percent whole milk powder, 3.49 percent butter oil, 0.49 percent soya lecithin, 0.35 percent lipolysed butter oil, 0.21 percent salt, and 0.01 percent vanilla extract. The product contains a total milk fat content of 5.57 percent and total milk solids of 21.12 percent. The product will be shipped in solid blocks weighing 2,000 pounds each. It is intended for use in molding and enrobing. The applicable subheading for the milk chocolate, will be 1806.20.2090, Harmonized Tariff Schedule of the United States, Annotated, (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: 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: In blocks or slabs weighing 4.5 kg or more each…Containing butterfat or other milk solids. The general rate of duty will be free. 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 Paul Hodgkiss at 646-733-3031. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division