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NY C88945


July 13, 1998

CLA-2-17:RR:NC:SP:232 C88945

CATEGORY: CLASSIFICATION

TARIFF NO.: 1704.90.3550

Ms. Jade Williamson

Bauchel Confectionery Pty Ltd

Drummond Drive

PO Box 733 Glympie 4570

Queensland, Australia

RE: The tariff classification of Juffel from Australia.

Dear Ms. Williamson:

In your letter dated June 9, 1998, you requested a tariff classification ruling.

You submitted descriptive literature and a sample with your request. The subject merchandise is a confectionery called "Juffel". This product is stated to consist of a variety of freeze-dried fruit centers coated with couverture. Based on the sample provided, the couverture of these confectioneries is a white chocolate, which contains milk, sugar, cocoa butter, emulsifiers and flavors but which does not contain any type of cocoa.

The applicable subheading for the "Juffel" will be 1704.90.3550, Harmonized Tariff Schedule of the United States (HTS), which provides for Sugar confectionery (including white chocolate), not containing cocoa: Other: Confections or sweetmeats ready for consumption: Other: Other...Put up for retail sale: Other. The rate of duty will be 6.1 percent ad valorem.

Additional requirements may be imposed on this product 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

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,


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