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NY F83084




March 1, 2000

CLA-2-18:RR:NC:SP:232 F83084

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.90.9019

Ms. Ellen A. DiLapi
Grunfeld, Desiderio, Lebowitz & Silverman LLP 245 Park Avenue, 33rd Floor
New York, NY 10167-3397

RE: The tariff classification of Chocolate Candies from France

Dear Ms. DiLapi:

In your letter dated February 11, 2000, on behalf of Eastern Star Distributing Co., Inc., you requested a tariff classification ruling.

You submitted a sample and descriptive literature with your request. The merchandise in question is retail packaged assorted chocolate candies, which will be imported in boxes of 22.88 ounces (650 grams), containing 58 individual pieces. The candies come in various shapes and designs, and some of them are foil-wrapped. The sample submitted is of the “Les Roses” variety. This is an assortment of milk, white, and dark chocolates which are said to consist of sugar, hazelnuts, cocoa mass, cocoa butter, hydrogenated vegetable fat, whole milk powder, lactose, glucose syrup, whey powder, water, lecithin, invert sugar, and flavorings in varying percentages. These candies all have differing centers such as orange peel, cherries, and other chocolate fillings.

The applicable subheading for the “Les Roses” boxes of assorted chocolates will be 1806.90.9019, Harmonized Tariff Schedule of the United States (HTS), which provides for Chocolate and other food preparations containing cocoa: Other: Other: Other Confectionery: Other. The rate of duty will be 6 percent ad valorem.

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, SW
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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