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NY 809919

May 16, 1995

CLA-2-18:S:N:N7:232 809919


TARIFF NO.: 1806.90.9000

Ms. Eleanor M. O'Donnell
Hershey Foods Corporation
100 Crystal A Drive
PO Box 810
Hershey, PA 17033-0810

RE: The tariff classification of Hershey's Kisses extra creamy milk chocolate candy from Canada

Dear Ms. O'Donnell:

In your letter dated April 28, 1995 you requested a tariff classification ruling.

The sample merchandise submitted consisted of Hershey's Kisses extra creamy chocolate candies, individually wrapped and in a retail package, ready for consumption. They are stated to contain: sugar, milk, cocoa butter, chocolate, soya lecithin, and vanillin. You indicate that they will be imported in 50 pound containers from Canada.

The applicable tariff provision for the Hershey's Kisses extra creamy milk chocolate candy will be 1806.90.9000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for chocolate and other food preparations containing cocoa: other...other...other...other... other. The general rate of duty will be 6.8 percent ad valorem.

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
New York Seaport

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