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NY 860939

MAR 19 1991



TARIFF NO.: 0409.00.0020; 1806.90.0078

Ms. Marcelle Simon
Bon Appetit International. Inc.
3550 Woodcliff Court
Murrysville, PA 15668

RE: The tariff classification of Honey, Choco Meli, and Praline Meli from Belgium.

Dear Ms. Simon:

In your letter dated February 25, 1991 you requested a tariff classification ruling.

Descriptive information was included with your request. The honey is a natural product which will be packaged in 220 gram glass jars or in 35 gram individual portions. Choco Meli is stated to contain 28 percent glucose syrup, 26 percent milk chocolate, 26 percent sugared milk, 8 percent honey, 7 percent inverted sugar, 4 percent vegetable oil, and 1 percent full soybean oil. It will be used as a spread, and will be packed in 350. 200, and 35 gram glass jars. Praline Meli contains 34 percent sugar, 13 percent hazelnuts, 7 percent soybean flower, 5 percent lactoserum powder, 4 percent light cocoa powder, 2 percent honey, 30 percent vegetable oil, and 5 percent praline. It will be used as a spread, and will be packed in 350, 200, and 35 gram glass jars.

The applicable subheading for the honey will be 0409.00.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for natural honey: packaged for retail sale. The duty rate will be 2.2 cents per kilogram. In addition, honey is subject to a supplemental agricultural fee of 2.2 cents per kilogram.

The applicable subheading for the Choco Meli will be 1806.90.0078, Harmonized Tariff Schedule of the United States (HTS), which provides for chocolate and other food preparations containing cocoa: other...other... other: put up for retail sale...other. The duty rate will be 7 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the Praline Meli. Your request for a classification ruling should include a sample of the product.

Additional requirements may be imposed on this product by the Food and Drug Administration. You may contact the FDA at:

Food and Drug Administration
Division of Regulatory Guidance
200 C Street, S.W.
Washington, D.C. 20204

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.


Jean F. Maguire
Area Director

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