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NY 882667




February 11, 1993

CLA-2-18:S:N:N7:232-882667

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.31.0040; 1806.32.4094

Mr. Egidio Reale
P.O. Box 1170
San Juan, PR 00902-1170

RE: The tariff classification of chocolate confectionery from Italy.

Dear Mr. Reale:

In your letter dated February 1, 1993, on behalf of Itarica, you requested a tariff classification ruling.

Samples of two products were submitted with your request. The samples were examined and disposed of. Specialita Torroni Baci is a retail size confectionery bar consisting of a hazelnut and almond nougat covered with a dark chocolate (55% cocoa). The product is individually wrapped in paper inside a 380 gram cardboard box. Nocciolato is a 100 gram individually wrapped milk chocolate bar containing hazelnuts.

The applicable subheading for the Specialita Torroni Baci will be 1806.31.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for chocolate and other food preparations containing cocoa: other, in blocks, slabs or bars: filled...confectionery . The duty rate will be 7 percent ad valorem.

The applicable subheading for the Nocciolato will be 1806.32.4094, Harmonized Tariff Schedule of the United States (HTS), which provides for chocolate and other food preparations containing cocoa: other in blocks, slabs or bars...other...other...confectionery. The rate of duty will be 7 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on various other chocolate bars with and without nuts. Your request for a classification ruling should include samples of the products, and for items without nuts or fillings, the percentage by weight of all ingredients.

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
Area Director

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