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NY G82394




October 5, 2000

CLA-2-17:RR:NC:SP:232 G82394

CATEGORY: CLASSIFICATION

TARIFF NO.: 1704.90.3550; 1806.31.0049

Mr. Fred S. Howard
Taste of Sicily
RR1 Box 1175
Hallowell, ME 04347

RE: The tariff classification of confectionery products from Italy

Dear Mr. Howard:

In your letter received September 21, 2000 you requested a tariff classification ruling.

Information and photocopies of the products were submitted with your initial request dated March 27, 2000. The subject merchandise is Torroncini, Classic Lapilli and Marzapane. Torroncini is described as soft loose nougats. The product appears to have a center, which is stated to contain almonds, sugar, honey egg albumen and natural pistachio. This center is covered in a chocolate coating consisting of sugar, cocoa paste, powdered whole milk, and small quantities of various other ingredients. The chocolate covered nougats are individually wrapped and are in the shape of small rectangular bars. You described the packaging as 1000 grams with 12 pieces per carton.

The Marzapane is stated to contain sugar, almonds, honey with various natural flavors and food dyes. The product will be imported in the shape and appearance of various fruits, and in the shape of fish. You describe the packaging as a see-through box of 350 grams with 8 pieces.

The applicable subheading for the Marzapane will be 1704.90.3550, Harmonized Tariff Schedule of the United States (HTS), which provides for Sugar confectionery (including white chocolate), not containing cocoaother: confections or sweetmeats ready for consumptionotherput up for retail saleother. The rate of duty will be 5.6 percent ad valorem.

The applicable subheading for the Torroncini will be 1806.31.0049, HTS, which provides for Chocolate and other food preparations containing cocoaother, blocks, slabs or bars: filledconfectioneryother. The rate of duty will be 5.6 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on Classic Lapilli. Your request for a classification ruling should include a sample of the product. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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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