CLA-2-17:RR:NC:SP:232 D84344

Mr. Patrick Aldred
Belcolade
8030 National Highway
Pennsauken, NJ 08109

RE: The tariff classification of White Chocolate Blocks from Belgium.

Dear Mr. Aldred:

In your letter dated October 30, 1998, you requested a tariff classification ruling.

You submitted descriptive literature with your request. The merchandise in question is two varieties of white chocolate which will be imported in 5 kilogram blocks. Product X605/J NV is said to contain 45.7 percent sugar, 28.1 percent cocoa butter, 25.7 percent whole milk powder, and traces of lecithin and vanillin. The total milk fat is said to be 6.7 percent. Product X605/M NV is said to consist of 46.9 percent sugar, 26.3 percent cocoa butter, 26.3 percent whole milk powder, and traces of lecithin and vanillin. The total milk fat is said to be 6.8 percent.

The applicable subheading for both Product X605/J NV and Product X605/M NV, if imported in quantities that fall within the limits described in additional U.S. note 10 to chapter 4, will be 1704.90.5400, Harmonized Tariff Schedule of the United States (HTS), which provides for Sugar confectionery (including white chocolate), not containing cocoa: Other: Other: Other: Dairy products described in additional U.S. note 1 to chapter 4: Described in additional U.S. note 10 to chapter 4 and entered pursuant to its provisions. The rate of duty will be 12.2 percent ad valorem. If the quantitative limits of additional U.S. note 10 to chapter 4 have been reached, the product will be classified in subheading 1704.90.5800, HTS, and dutiable at the rate of 42.5 cents per kilo plus 11 percent ad valorem. In addition, products classified in subheading 1704.90.5800, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.04.50 to 9904.04.89, HTS.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this 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 212-466-5730.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division