The tariff classification of "Sugar-free Chocolate Flavored Chips" (product number 0990030-050) from Canada

NY R04970 October 13, 2006 CLA-2-18:RR:E:NC:SP:232 R04970 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 “Sugar-free Chocolate Flavored Chips” (product number 0990030-050) from Canada Dear Mr. Forbes: In your letter dated September 26, 2006, on behalf of Barry Callebaut Canada, of Hyacinthe, Quebec, you requested a tariff classification ruling. The subject merchandise is stated to contain 49.34 percent maltitol, 41.89 percent cocoa liquor, 5.73 percent cocoa butter, 2.16 percent cocoa powder, 0.76 percent soya lecithin and 0.10 percent vanilla extract. It will be imported in bags exceeding 2 kilograms. It is intended for use in baking. The applicable subheading for product “Sugar-free Chocolate Flavored Chips”, will be 1806.20.9900, 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: Other: Other: Other: Other. The general 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 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