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NY 808263




March 24, 1995

CLA-2-18:S:N:N7:232 808263

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.90.9000

Mr. Alan Litwin
F.W. Myers & Co., Inc.
405 North French Road
Suite 100
Amherst, New York 14226

RE: The tariff classification of Cocoa Cordials Instant Hot Chocolate Mixes from Canada.

Dear Mr. Litwin:

In your letter dated March 17, 1995, on behalf of Market Outtakes Corporation, you requested a tariff classification ruling.

Samples were included with your request. The subject merchandise consists of hot chocolate drink mixes which will be imported in the following flavors: creme de menthe, cafe mocha, chocolate fudge torte, amaretto, Irish cream and raspberry. The products are stated to contain 48 percent dextrose, 35 percent non-dairy creamer, 10 percent cocoa, 6 percent sugar and small quantities of salt, flavor and aspartame. The mixes will be packaged for retail sale in one ounce pouches.

The applicable tariff provision for the Cocoa Cordial Instant Hot Chocolate Mixes will be 1806.90.9000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for chocolate and other food preparations containing cocoa...other...other...other...other. The general rate of duty will be 6.8 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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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