CLA-2 CO:R:C:G 087555 RFC

Mr. Albert M. Kirchmayr
Kirchmayr Chocolatier, Ltd.
6223 1/2 North Charles Street
Baltimore, MD 21212

RE: Modification of Headquarters Ruling Letter 085596; chocolate

Dear Mr. Kirchmayr:

In Headquarters Ruling Letter (HRL) 085596, dated January 25, 1990, we issued in response to your request a tariff classification ruling under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) for a chocolate product. Recently, it has come to our attention that the product ingredients and ingredient percentages of the chocolate product were incorrectly stated in HRL 085596. Accordingly, by this letter, we are modifying HRL 085596 to correct this error.

In your request, you state that the product for which a ruling was sought consists of bulk chocolate in 2.5 kilograms (5.5 pound) blocks. These blocks will be shipped in 55 pound boxes, and the chocolate will be used only for manufacturing purposes and will not be sold at retail. The product ingredients and ingredient percentages are as follows:


cocoa mass 10.5

cocoa butter 30.5

sugar 39.5

milk powder 19.0 (4.5% butter fat & 14.5% milk solids)

lecithin 0.5

HRL 085596 correctly classified the instant chocolate under subheading 1806.20.4060, HTSUSA, which is subject to the quota restrictions of 9904.10.66, HTSUSA. Therefore, this classification remains unchanged.

In light of the above, HRL 085596 is hereby modified to the extent indicated above. See 19 CFR 177.9(d).


John Durant, Director
Commercial Rulings Division