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NY 882546




February 11, 1993

CLA-2-18:S:N:N7:232-882546

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.90.0073

Ms. Adelina Osa
Fritz Companies, Inc.
P.O. Box 125
Jamaica, NY 11430

RE: The tariff classification of a Milky Way Spread from Austria.

Dear Ms. Osa:

In your letter dated February 3, 1993, on behalf of M&M/Mars, Division of Mars Incorporated, you requested a tariff classification ruling.
Samples were included with your request. The samples were examined and disposed of. The subject merchandise is a spread packaged for retail sale for use on bread. It is stated to contain 42.4 percent sugar, 31.6 percent vegetable fats and oils, 6.0 percent skimmed milk powder, 5.4 percent lactose, 5.2 percent cocoa powder, 4.8 percent hazelnuts, 4.0 percent full cream milk powder, 0.5 percent lecithin and 0.1 percent flavorings.

The applicable subheading for the Milky Way Spread will be 1806.90.0073, Harmonized Tariff Schedule of the United States (HTS), which provides for chocolate and other food preparations containing cocoa: other...other: put up for retail sale...other. The rate of duty will be 7 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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