HQ 087555: Modification of Headquarters Ruling Letter 085596; chocolate

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 087555

                        October 26, 1990

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

CATEGORY: Classification

TARIFF NO.: 1806.20.4060

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:

     INGREDIENTS                        PERCENTAGES

       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).

                              Sincerely,



                              John Durant, Director
                              Commercial Rulings Division