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NY D81085




August 19, 1998

CLA-2-18:RR:NC:SP:232 D81085

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.90.9090

Ms. Paula Tsarnas
Liberty Richter, Inc.
400 Lyster Avenue
Saddle Brook, NJ 07663-5910

RE: The tariff classification of Chocolate Spread from Belgium.

Dear Ms. Tsarnas:

In your letter dated August 7, 1998, you requested a tariff classification ruling.

You submitted descriptive literature and a product sample with your request. The merchandise in question Belgium Treasure brand "hazelnut and low-fat cocoa spread with crunchy peanuts", which is a dark brown creamy spread suitable for use on baked goods or bread. Judging by the sample, the product will be imported retail packed in 400 gram glass jars with plastic lids. The spread is described as containing sugar, partially hydrogenated soybean oil, peanuts, hazelnuts, skim milk, low fat cocoa, and lecithin.

The applicable subheading for the chocolate spread will be 1806.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for Chocolate and other food preparations containing cocoa: Other: Other: Other...Other. The rate of duty will be 6.3 percent ad valorem.

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,

Robert B. Swierupski

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