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June 30, 1999

CLA-2-18:RR:NC:SP:232 E83048

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.31.0049

Ms. Maureen Spektor Bell
Liberty Richter
400 Lyster Avenue
Saddle Brook, NJ 07663-5910

RE: The tariff classification of Rademacher After Dinner Mint Chocolates from the Netherlands

Dear Ms. Bell:

In your letter dated June 3, 1999, you requested a tariff classification ruling.

You submitted samples with your request. The subject merchandise is “Rademacher After Dinner Mint” gourmet chocolates. These are bars of dark chocolate that have a creamy mint filling. They are approximately 3½ inches long by ½ inch wide, and have a flat bottom and rounded top with a molded spiral design running the entire length. They are retail packaged twenty to a box weighing 150 grams net. The ingredients, as listed on the box, state that the bars contain sugar, cocoa mass, vegetable fat, cream powder, whey powder, cocoa butter, lecithin, vanillin and natural peppermint flavor.

The applicable subheading for the “Rademacher After Dinner Mint” gourmet chocolates will be 1806.31.0049, Harmonized Tariff Schedule of the United States (HTS), which provides for Chocolate and other food preparations containing cocoa: Other, in blocks, slabs or bars: FilledConfectionery: Other. The rate of duty will be 5.8 percent ad valorem.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (19 CFR Part 134). The samples you have submitted do not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

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

Food and Drug Administration Guidelines and Regulations Branch HFF 314, 200 C Street, S.W. Washington, D.C. 20204

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 212-637-7059.

Sincerely,

Robert B. Swierupski
Director,

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