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NY A81556




April 17, 1996

CLA-2-18:RR:NC:FC:232 A81556

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.90.9010

Ms. Athena Caramanos
Eastern Caribbean Commodities, Inc.
#1 La Puntilla Street
Old San Juan, Puerto Rico 00901

RE: The tariff classification of Chocolate Bonbons, Candied Almonds and Chocolate-covered Hazelnuts from Colombia.

Dear Ms. Caramanos:

In your letter dated March 15, 1996 you requested a tariff classification ruling.

You sent descriptive literature and a photograph of the retail packaging of five different products.

The first items in question are "Deseo" and "Anoranza", types of assorted chocolate confectionery which will be imported in 5.5 ounce gift boxes. These products are said to contain 61.4 percent sugar, 19.3 percent cocoa butter, 9.1 percent milk, 7.4 percent cocoa, 2.2 percent corn syrup, and traces of lecithin, citric acid, colors and flavors. The next item in question is "Exotico", a chocolate bonbon assortment to be distributed in 4.2 ounce boxes. This product is said to contain 82.3 percent sugar, 5.6 percent cocoa, 5.1 percent corn syrup, 2.8 percent cocoa butter, 1.8 percent milk, 1 percent shortening, 0.8 percent cornstarch and traces of glycerin, lecithin, and flavors. The fourth item is "Almendras Francesas", candy-coated almonds to be distributed commercially in 1.8 ounce, 4.8 ounce, 6 pound and 20 pound boxes. This item is said to consist of 83.2 percent sugar, 16.1 percent almonds, and traces of gelatin, flavors and colors. The last item is "Avellanas con Chocolate", chocolate covered hazelnuts to be distributed commercially in 5.4 ounce boxes. This item is said to consist of 47.7 percent sugar, 23.6 percent cocoa butter, 11.1 percent milk, 9.1 percent cocoa, and traces of lecithin and flavors.

The applicable subheading for the "Deseo" The "Anoranza", the "Exotico" and the "Avellanas con Chocolate" will be 1806.90.9010, Harmonized Tariff Schedule of the United States (HTS), which provides for Chocolate and other food preparations containing cocoa: Other: Other: Other... Confectionery. The duty rate will be 6.7 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the "Almendras Francesas". Your request for a classification ruling on this item should include a sample of the merchandise.

Articles classifiable under subheading 1806.90.9010, HTS, which are products of Colombia are entitled to duty free treatment under the Andean Trade Preference Act (ATPA) upon compliance with all applicable regulations.

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

A copy of this ruling, or the control number indicated above, should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist John Maria at 212-466-5730.

Sincerely,

Roger J. Silvestri

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