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NY N016269

September 19, 2007



TARIFF NO.: 1806.90.9019

Mr. Kathleen Root
Barthco Trade Consultants
The Navy Yard
5101 S. Broad Street
Philadelphia, PA 19112

RE: The tariff classification of 25 piece assorted chocolates in a paperboard box with an Advent Calendar design from Belgium

Dear Mr. Liberati:

In your letter dated August 24 2007, on behalf of your client Godiva Chocolatier, of Reading, Pennsylvania, you requested a classification ruling.

The subject merchandise is described as 25 small pieces of assorted chocolates in a paperboard box with an Advent calendar design on the top of the box. The box is square with a red and green Christmas ornaments design in the shape of a wreath on the top. The top has small square perforations numbered 1-25 that can be “pushed out” to hold the 25 assorted chocolates. The box is not reusable. The assorted chocolates main ingredients are said to consist of 38.35 percent sugar, 4.46 percent butterfat, 0.46 percent milk solids.

The applicable subheading for the 25 piece assorted chocolates in a paperboard box with an Advent Calendar will be 1806.90.9019, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Chocolate and other food preparations containing cocoa: Other: Other: Other. The rate of duty will be 6 percent ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

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 Frank Troise at 646-733-3031.


Robert B. Swierupski

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