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NY 899249




June 21, 1994

CLA-2-18:S:N:N7:232-899249

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.31.0040; 1806.32.4094; 1806.90.0063

Ms. Kathleen S. Purcell
Hershey Foods Corporation
100 Crystal A Drive
PO Box 810
Hershey, PA 17033-0810

RE: The tariff classification of various confectionery products from Canada.

Dear Ms. Purcell:

In your letter dated June 9, 1994 you requested a tariff classification ruling.

Your query concerns the classification of five confectionery products, currently manufactured in the United States, which you would like to manufacture in Canada. Samples of all five items were forwarded with your request. The samples were opened, examined and disposed of.

1) Whatchamacallit candy bar - contains milk chocolate, high fructose corn syrup, crisp rice, blend of vegetable oils, sugar, partially defatted peanuts, milk, non-fat milk, dairy butter, refined palm kernel oil, salt, mono- and diglycerides, malt, molasses and disodium phosphate.

2) Mr. Goodbar chocolate bar - contains milk chocolate and peanuts.

3) York Peppermint Pattie - contains sugar, corn syrup, semi- sweet chocolate, invert sugar, egg whites and oil of peppermint.

4) Hershey's Hugs - contains white chocolate and milk chocolate.

5) Hershey's Hugs with almonds - contains white chocolate, milk chocolate, almonds, TBHQ, tocopherols and citric acid.

All items are available in various retail sizes as well as assorted snack pack sizes.

The applicable tariff provision for the Whatchamacallit candy bar will be 1806.31.0040, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for chocolate and other food preparations containing cocoa...other, in blocks, slabs or bars...filled...confectionery. The general rate of duty will be 7 percent ad valorem.

The applicable tariff provision for the Mr. Goodbar chocolate bar will be 1806.32.4094, HTS, which provides for chocolate and other food preparations containing cocoa...other, in blocks, slabs or bars...not filled...other...other...con- fectionery. The general rate of duty will be 7 percent ad valorem.

The applicable tariff provision for the York Peppermint Pattie, Hershey's Hugs, and Hershey's Hugs with almonds will be 1806.90.0063, HTS, which provides for chocolate and other food preparations containing cocoa...other...other...put up for retail sale...confectionery. The general rate of duty will be 7 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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

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