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NY H88791

March 21, 2002

CLA-2-18:RR:NC:SP:232 H88791


TARIFF NO.: 1806.31.0049

Mr. Norman Elisberg
Lafayette Shipping Company
2425B 3rd Street
Fort Lee, NJ 07024-4051

RE: The tariff classification of Chocolate Bars from Belgium

Dear Mr. Elisberg:

In your letter dated February 20, 2002, on behalf of La Nouba, Inc., of Midland Park, New Jersey, you requested a tariff classification ruling.

You submitted descriptive literature and samples with your request. The subject merchandise is “Silhouette” sugar free chocolate bars in a variety of flavors. The product line consists of 18-gram, net, bars, 3 inches long by 1/2 inch thick, individually wrapped for retail sale, and packed four to a clear plastic box. The bars have flavored centers enrobed in chocolate. The samples were labeled vanilla, orange, and coconut flavored. The bars are said to contain maltitol, cocoa butter, milk, cocoa liquor, vegetable fats, lecithin, vanilla, and flavors.

The applicable subheading for the chocolate bars 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 5.6 percent ad valorem.

The Food and Drug Administration may impose additional requirements on this product. You may contact the FDA at:

Food and Drug Administration
Division of Import Operations and Policy
5600 Fishers Lane
Rockville, Maryland 20857
Telephone: (301) 443-6553

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.

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 (646) 733-3031.


Robert B. Swierupski

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