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NY A83144

May 14, 1996

CLA-2-18:RR:NC:FC:232 A83144


TARIFF NO.: 1806.90.9010

Ms. Athena Caramanos
Eastern Caribbean Commodities, Inc.
P.O. Box 364221
San Juan, Puerto Rico 00936

RE: The tariff classification of "Medallones", "Monedas Pequenas Animadas", "Chupetass de Chocolate", "Leche 53" and "Crumy" from Columbia.

Dear Ms. Caramanos:

In your letter dated May 1, 1996 you requested a tariff classification ruling.

Descriptive information and copies of photographs of the packaged products were submitted with your request. "Medallones" (25 grams) and "Monedas Pequenas Animadas" (2.4 grams) are described as chocolate coins, which will be packaged in bags. They are stated to contain 51.8 percent sugar, 25.7 percent cocoa butter, 12.1 percent milk, 9.9 percent cocoa and small quantities of lecithin and flavor. "Chupetass de Chocolate" are chocolate suckers (8.5 grams), which will be packaged in bags of 10. They are stated to contain the same ingredients by weight as the chocolate coins. "Leche 53" are 1.1 oz chocolate bars and also contain the same ingredients by weight as the chocolate coins. "Crumy" is described as an 18 gram bag of rice crisped chocolate pieces, which will be distributed commercially in packets of 4 and display boxes of 24. "Crumy" is stated to contain 48.2 percent sugar, 23.9 percent cocoa butter, 11.2 percent milk, 9.2 percent cocoa, 7 percent rice and small quantities of lecithin and flavor.

The applicable subheading for the "Medallones", "Monedas Pequenas Animadas", "Chupetas de Chocolate" and "Crumy" will be 1806.90.9010, Harmonized Tariff Schedule of the United States (HTS), which provides for Chocolate and other food preparations containing cocoa...other...other...other...confectionery. The duty rate will be 6.7 percent ad valorem.

Articles classifiable under subheading 1806.90.9010, HTS, which are products of Columbia are entitled to duty free treatment under the Andean Trade Preference Act (ATPA) upon compliance with all applicable regulations.

Your inquiry does not provide enough information for us to give a classification ruling on "Leche 53". Your request for a classification ruling should include information as to whether the "cocoa" ingredient is cocoa powder or cocoa liquor (paste).

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist John Maria at 212-466-5730.


Roger J. Silvestri

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