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NY N017527

October 3, 2007



TARIFF NO.: 1704.90.3550

Mrs. Krysty C. Williams
Global Fine Food Exports
Scotston Farm
PO Box 365
Barberton 1300
Mpumalanga, South Africa

RE: The tariff classification of nougat snack bars from South Africa.

Dear Mrs. Williams:

In your letter dated September 21, 2007, you requested a tariff classification ruling.

The subject merchandise is a “nougat snack bar”. The bars come in two flavors: black cherry/almond and dark chocolate/hazelnut. The black cherry/almond flavored bar is stated to contain 27.2 percent glucose syrup, 25.8 percent almond nuts, 22.3 percent cane sugar, 10.0 percent honey, 7.5 percent egg white, 6.7 percent black cherry and less than 1 percent of wafer paper and vanilla essence. The chocolate/hazelnut flavored bar is stated to contain 27.5 percent glucose syrup, 22.5 percent cane sugar, 14.5 percent hazelnuts, 10.1 percent dark chocolate, 10.1 percent honey, 7.6 percent egg white, 7.2 percent cashew nuts and less than 1 percent of wafer paper and vanilla essence. The “nougat snack bars” are to be offered in 110-gram, 50-gram and 14-gram sizes, all put up for retail sale in heat-sealed plastic wrappers.

The applicable subheading for both flavors of the above-described “nougat snack bars” will be 1704.90.3550, HTSUS, which provides for sugar confectionery (including white chocolate), not containing cocoa: other: confections or sweetmeats ready for consumption: other: other: put up for retail sale: other. The duty rate will be 5.6%.

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/.

Articles classifiable under subheading 1704.90.3550, HTSUS, which are products of South Africa, may be entitled to duty-free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP".

With regard to country of origin marking requirements, the following is provided as general information: The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S., the English name of the country of origin of the article (e.g., “Product of South Africa”).

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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