The tariff classification of "707 Osterbeck" (product number 0933170-441) from Canada

N005568 February 6, 2007 CLA-2-18:RR:E:NC:N2:232 CATEGORY: Classification TARIFF NO.: 1806.20.9900 Mr. Bob Forbes ROE Logistics 660 Bridge Street Montreal, Quebec Canada H3K 3K9 RE: The tariff classification of “707 Osterbeck” (product number 0933170-441) from Canada Dear Mr. Forbes: In your letter dated January 17, 2007, you requested a tariff classification ruling. The subject merchandise is stated to contain 49.89 percent sugar, 24.42 percent cocoa liquor, 7.60 percent cocoa powder, 15.23 percent cocoa butter, 2.49 percent butter oil, 0.27 percent soya lecithin and traces of natural and artificial flavors. The total milkfat is 2.49 percent and the non-fat cocoa powder is 6.76 percent. The product will be shipped as 10-pound slabs. It is intended for use in coating cakes, and pastries. The applicable subheading for the milk chocolate, will be 1806.20.9900, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for chocolate and other food preparations containing cocoa...other preparations...in liquid, paste, powder, granular or other bulk form in containers or immediate packings, of a content exceeding 2 kg...other...other...other. The rate of duty will be 8.5 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 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