CLA-2-18:OT:RR:NC:232
Mr. Matthieu Brener
Barry Callebaut Canada, Inc.
2950 Rue Nelson
St-Hyacinthe Quebec
J2S1Y7 Canada
RE: The tariff classification of Chocolate Flavored Ice Cream Coating from Canada
Dear Mr. Brener:
In your letter dated March 21, 2013, you requested a tariff classification ruling. An ingredients breakdown accompanied your letter.
The subject merchandise, Chocolate Flavored Ice Cream Coating, item number YYM-F12S072-07-000, is said to contain 39.7 percent sugar, 38.9 percent coconut oil, 9 percent cocoa mass, 4.9 percent full cream milk powder, 4.2 percent whey powder (sweet), 1.8 percent soy oil GMO, 1 percent cocoa powder, and less than one percent of the following: natural vanilla, artificial flavor vanilla, natural-artificial dairy flavor, artificial chocolate flavor, lecithin, and salt. The total milksolids are said to be 9.1 percent. It is a product of Canada and will be imported into the United States in 18 ton tankers (in liquid form).
The applicable subheading for the Chocolate Flavored Ice-Cream Coating, item number YYM-F12S072-07-000, will be 1806.20.9900, Harmonized Tariff Schedule of the United States (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 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 Frank Troise at (646) 733-3031.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division