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NY 870149

January 9, 1992

CLA-2-18:S:N:N1:232-870149

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.20.8095

Mr. Beat Herrmann
Max Felchlin Inc. Schwyz
Main Street 63
CH-6430 Schwyz/Switzerland

RE: The tariff classification of DC41E Nutosa from Switzerland.

Dear Mr. Herrmann:

In your letter dated December 20, 1991 you requested a tariff classification ruling.

Samples were included with your request. Nutosa is stated to contain 41 percent sugar, 29 percent peanuts, 25 percent vegetable fat and 4 percent cocoa liquor. The product will be imported in 5 kilogram pails, and will be used as filling for pralines and cakes.

The applicable subheading for the DC41E Nutosa will be 1806.20.8095, Harmonized Tariff Schedule of the United States (HTS), which provides for chocolate and other food preparations containing cocoa: other preparations in blocks or slabs weighing more than 2 kg or in liquid, paste, powder, granular or other bulk form in containers or immediate packings, of a content exceeding 2 kg...other...other...other. The rate of duty will be 10 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire

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