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NY N018154

October 25, 2007



TARIFF NO.: 1806.90.9019

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

RE: The tariff classification of “Origins of the World” 36 piece demitasse chocolates in a paperboard box from Belgium

Dear Ms. Root:

In your letter dated October 5, 2007, on behalf of your client Godiva Chocolatier, of Reading, Pennsylvania, you requested a classification ruling. A sample was submitted and returned with your ruling request.

The subject merchandise is described as a box of 36, 1½ inch square, pieces of demitasse chocolates. The box is non-reusable, composed of paperboard and plastic with a clear front that will hold the chocolates in 12 partitioned spaces. The words “Origins of the World”, the “Godiva” name and logo are printed on the clear plastic top to the left of the box. The chocolates are individually foiled wrapped, printed with the names of the three different types of chocolate and the percentages of cocoa they contain. The three flavors are: “Arriba” containing 50 percent cocoa, “Papua New Guinea” containing 70 percent cocoa and “Sao Tome” containing 72 percent cocoa. The demitasse chocolates main ingredients are said to consist of: chocolate liquor, sugar, cocoa butter, butter oil, milk, soya lecithin, vanilla and no milk solids.

The applicable subheading for the “Origins of the World”, 36 piece demitasse chocolates in a paperboard box 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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