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NY 813652




August 18, 1995

CLA-2-13:S:N:N7:238 813652

CATEGORY: CLASSIFICATION

TARIFF NO.: 1302.19.9040

Ms. Maureen E. Gray
Barthco International, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of Natural Cocoa Extract from Brazil

Dear Ms. Gray:

In your letter dated August 15, 1995, on behalf of your client, Newtown Foods USA. Inc., you requested a tariff classification ruling.

The subject product for which you are requesting a tariff classification ruling is Natural Cocoa Extract. You indicate that the extract is obtained from cocoa beans by the Soxhlet extraction process, with water and ethyl alcohol employed as the solvent. You also indicate that the product will be used in fillings for cakes and wafers, as a flavoring for liquor, etc.

The applicable subheading for the subject product will be 1302.19.9040, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Vegetable saps and extracts: Other: Other: Other." The rate of duty will be free.

This merchandise may be subject to the regulations of the Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (301) 443-6553.

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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