NY 863369: The tariff classification of a cocoa mix from Canada.

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.

                                   NY 863369
                                 JUL 3 1991



CLA-2-18:S:N:N1:232-863369   

CATEGORY:  Classification

TARIFF NO.: 1806.20.8030  

Mr. Alan Litwin
F.W. Myers & Co., Inc.
55 Oriskany Drive 
Tonawanda, New York  14150

RE:  The tariff classification of a cocoa mix from Canada.

Dear Mr. Litwin:

     In your letter dated May 14, 1991, on behalf of R.W. Patten
Distributors Limited, you requested a tariff classification
ruling.  

     A sample was included with your request.  The subject
merchandise is a cocoa mix which is stated to contain 51.4
percent sugar, 7.87 percent cocoa, 11.8 percent coffee whitener,
25.18 percent sweet whey, 2.95 percent non fat dried milk, and
small quantities of various other ingredients.  The product will
be imported in one ton tote bags. 

     The applicable subheading for the cocoa mix will be
1806.20.8030, Harmonized Tariff Schedule of the United States
(HTS), which provides for  chocolate and other food preparations
containing cocoa:  other preparations in blocks or slabs 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...subject to quotas established
pursuant to section 22 of the Agricultural Adjustment Act, as
amended...provided for in subheading 9904.10.75.  The duty rate
will be 10 percent ad valorem.       

     Goods classifiable under subheading 1806.20.8030, HTS, which
have originated in the territory of Canada, will be entitled to a
7 percent ad valorem rate of duty under the United States-Canada
Free Trade Agreement (FTA) upon compliance with all applicable
regulations.

     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 letter should be attached to the entry
documents filed at the time this merchandise is imported.  If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.                                              
                                   Sincerely,

                                   
  
                                   Jean F. Maguire
                                   Area Director
                                   New York Seaport