CLA-2-18:RR:NC:FC:232 817337

Mr. Richard Callebaut
125 Larkspur Street
Suite 214
San Rafael, CA 94901

RE: The tariff classification of Vermicelli-Dark from Belgium.

Dear Mr. Callebaut:

In your letter dated November 20, 1995 you requested a tariff classification ruling.

You submitted descriptive literature with your request. The product in question is a type of chocolate sprinkle called vermicelli-dark, your product reference code CHK-D. It is said to consist of 53.3 percent sugar, 41.1 percent cocoa liquor, 3 percent reduced fat cocoa powder, 1.6 percent butter oil, and traces of milk powder and vanillin. The product will be imported in 1 kilogram and 5 kilogram bags, to be used as chocolate decorations.

The applicable subheading for the vermicelli-dark will be 1806.90.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for Chocolate and other food preparations containing cocoa: Other: Other: Other: Other: Other. The rate of duty will be 6.8 percent ad valorem.

For importations entered after January 1, 1996, the applicable subheading will be 1806.90.9090, Harmonized Tariff Schedule of the United States (HTS). The rate of duty will be 6.7 percent ad valorem.

This ruling is being issued under the provisions of Section 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,

Roger J. Silvestri
Director,
National Commodity
Specialist Division