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NY I88629




December 18, 2002

CLA-2-18:RR:NC:SP:232 I88629

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.90.9019

Mr. Benoit Hamelin
R.O.E. Logistics
474 rue McGill, Suite 300
Montreal, Quebec
Canada H2Y 2H2

RE: The tariff classification of chocolate confectionery from Canada

Dear Mr. Hamelin:

In your letter dated Novemver 26, 2002, on behalf of Les Aliments Papco Inc., you requested a tariff classification ruling.

A sample, packaging and a catalogue were submitted with your request. The sample is a chocolate Santa Claus figure inside a cardboard box with a clear plastic window. The packaging includes cardboard boxes with a series of clear plastic windows in the shape of rabbits. One box has three windows and indicates that the rabbits are hollow. The other box has two windows and indicates that the rabbits are solid. The catalogue contains a variety of confectionery products. The ingredients on the chocolate Santa Claus and the rabbit product packaging indicate that the items all contain sugar, cocoa butter, skim milk powder, chocolate liquor, butter fat, soya lecithin, salt and artificial flavor.

The applicable subheading for the chocolate Santa Claus and the chocolate rabbits will be 1806.90.9019, HTS, which provides for Chocolate and other food preparations containing cocoa...other...other...other... confectionery...other. The general rate of duty will be 6 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the confectionery items in the catalogue. Your request for a classification ruling should include the ingredients in the products. It should also be noted that ruling requests are limited to five items. Multiple requests are permitted. When this information is available, you may wish to consider resubmission of your request. We are returning the submitted catalogue. 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 646-733-3031.

Sincerely,

Robert B. Swierupski
Director,

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