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NY 811154




June 9, 1995

CLA-2-18:S:N:N7:232 811154

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.90.9000

Ms. Eleanor M. O'Donnell
Hershey Foods Corporation
100 Crystal A Drive
PO Box 810
Hershey, PA 17033-0810

RE: The tariff classification of Hershey's Kisses extra creamy milk chocolate candy from Canada.

Dear Ms. O'Donnell:

This is a supplement to Ruling No. NY 809919 dated May 16, 1995. The ruling issued to you described the subject merchandise as Hershey's Kisses extra creamy chocolate candies, individually wrapped and in a retail package, ready for consumption, based on the submitted sample. The product was classified under subheading 1806.90.9000, HTS, which provides for chocolate and other food preparations containing cocoa: other...other...other ...other...other. Your letter dated May 26, 1995 asks whether the tariff classification would remain the same for the product if imported in 50 pound bulk containers, when each piece of candy in the containers is individually wrapped or, alternatively, each piece of candy is not wrapped. The candy will be imported in pieces in the containers and not in retail packaging. The Hershey's Kisses extra creamy chocolate candies imported in 50 pound bulk containers, as described above, are also classified under subheading 1806.90.9000, HTS.

This supplement should be included whenever Ruling No. NY 809919 is presented.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport

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