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NY D83953




November 10, 1998

CLA-2-18:RR:NC:SP:232 D83953

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.90.9019

Ms. Stacy Randel
R & R Imports
1933 Commonwealth Avenue, Room 507
Brighton, MA 02135

RE: The tariff classification of Alcohol-filled Chocolates from Germany.

Dear Ms. Randel:

In your letter dated October 19, 1998, you requested a tariff classification ruling.

You submitted descriptive literature and samples with your request. The subject merchandise is four varieties of liquor-filled chocolates that will be imported in retail packages. The first product is "Mauxion Fin Gourmet Fruit Spirits", a 250 gram box containing twenty pieces of candy; five each of four different types. The candies have a schnapps filling (either plum, raspberry, cherry or pear) in a thin sugar coating and then coated with either milk or dark chocolate and hazelnut splinters. They are said to consist of 50.81 percent sugar, 15 percent hazelnuts, 12.85 percent cocoa mass, 8.75 percent spirits, 4.53 percent cocoa butter, 2.92 percent skimmed milk powder, 2.01 percent whole milk powder, 1.66 percent butterfat, 1.24 percent lactose, and traces of lecithin and flavors.

The second item is "Mauxion Fin Gourmet Vodka", a 200 gram box containing sixteen pieces of candy; four each of four different types. Each type has a vodka filling (either cranberry, cherry, lemon or orange)in a thin sugar coating and then coated with either milk or dark chocolate and hazelnut splinters and rice crisps. They are said to consist of 53.33 percent sugar, 12.66 percent cocoa mass, 9.71 percent spirits, 6 percent hazelnuts, 6 percent rice crisps, 4.46 percent cocoa butter, 2.87 percent skimmed milk powder, 1.97 percent whole milk powder, 1.49 percent butterfat, 1.21 percent lactose, and traces of lecithin and flavors.

The third product is "Edle Tropfen in Nuss" a 250 gram box containing twenty pieces of candy; five each of four different types. The candies have a liqueur filling (either peach, apricot, cherry or cassis) in a thin sugar coating and then coated with either milk or dark chocolate and hazelnut splinters. They are said to contain 50.81 percent sugar, 15 percent hazelnuts, 12.85 percent cocoa mass, 8.73 percent spirits, 4.54 percent cocoa butter, 2.92 percent skimmed milk powder, 2.01 percent whole milk powder, 1.66 percent butterfat, 1.23 percent lactose, and traces of lecithin and flavors.

The last item is "Mauxion Cherry Liqueur", a 175 gram box containing fourteen dark chocolate covered cherries. Two of these are wrapped in red foil. The ingredients are said to be 25.37 percent sugar, 25.14 percent cocoa mass, 24.24 percent glucose syrup, 17.76 percent cherries in brandy, 7.07 percent cocoa butter, and traces of lactose, lecithin and flavors.

The applicable subheading for the "Mauxion Fin Gourmet Fruit Spirits", the "Mauxion Fin Gourmet Vodka", the "Edle Tropfen in Nuss" and the "Mauxion Cherry Liqueur" will be 1806.90.9019, Harmonized Tariff Schedule of the United States (HTS), which provides for Chocolate and other food preparations containing cocoa: Other: Other: Other...Confectionery: Other. The rate of duty will be 6.3 percent ad valorem.

Additional admissibility and labeling requirements may be imposed on all these products by the Food and Drug Administration. You may contact the FDA at:

Food and Drug Administration
Guidelines and Regulations Branch
HFF 314, 200 C Street, S.W.
Washington, D.C. 20204

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (19 CFR Part 134). The samples you have submitted do not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

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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