The tariff classification of white compound chocolate from Canada.

N017713 October 22, 2007 CLA-2-21:OT:RR:E:NC:2:228 CATEGORY: Classification TARIFF NO.: 2106.90.8200 Ms. Sherri Comeau Barry Callebaut 2950 Nelson Street St-Hyacinthe Quebec J2S 1Y7 Canada RE: The tariff classification of white compound chocolate from Canada. Dear Ms. Comeau: In your letter dated September 25, 2007, you requested a tariff classification ruling. An ingredients breakdown accompanied your letter. Item no. LSC664 is described as White Compound Chocolate in chip form, consisting of approximately 63 percent sugar, 26 percent vegetable oil, 10.2 percent non-fat dry milk, and less than one percent each of soya lecithin, vanilla, and titanium dioxide. The product will be imported in non-retail, 1-lb sample packages and used as baking inclusions. The applicable subheading for item no. LSC664, White Compound Chocolate, will be 2106.90.8200, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or included…other…other…containing over 10 percent by weight of milk solids… other…other. The rate of duty will be 6.4 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 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 Stanley Hopard at 646-733-3029. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division