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NY C89725


July 30, 1998

CLA-2-18:RR:NC:SP:232 C89725

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.90.2800

Ms. Eleanor M. O'Donnell

Hershey Foods Corporation

100 Crystal A Drive

PO Box 810

Hershey, PA 17033-0810

RE: The tariff classification of Semi-Sweet Chocolate Chips from Canada.

Dear Ms. O'Donnell:

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

You submitted samples and descriptive literature with your request. The merchandise in question is semi-sweet chocolate
chips, packaged for retail sale in 24 ounce (680 gram) plastic bags. They are intended for use as ingredients in baked goods, such as chocolate chip cookies or bars. The chocolate chips are stated to contain sugar, cocoa liquor, cocoa butter, milk fat (2.01 percent), lecithin and vanillin. It is assumed for the purposes of this ruling that the product does not contain over 60 percent by weight of sugar.

The applicable tariff provision for the semi-sweet chocolate chips will be 1806.90.2800, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for Chocolate and other food preparations containing cocoa: Other: Other: Other: Containing less than 21 percent by weight of milk solids. The general rate of duty will be 39.4 cents per kilogram plus 6.3 percent ad valorem.

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

A copy of the 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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