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NY E85774




August 19, 1999

CLA-2-18:RR:NC:SP:232 E85774

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.31.0049

Ms. Maureen Spektor Bell
Liberty Richter
400 Lyster Avenue
Saddle Brook, NJ 07663-5910

RE: The tariff classification of “Rademacher Dutch Chocolate Sticks – Cappuccino” Chocolates from the Netherlands

Dear Ms. Spektor Bell

In your letter dated August 3, 1999, you requested a tariff classification ruling.

You submitted samples with your request. The subject merchandise is “Rademacher Dutch Chocolate Sticks - Cappuccino” chocolates. These are bars of dark chocolate that have a crunchy coffee-flavored filling. They are approximately 3½ inches long by ¼ inch wide. They are molded to have a flat bottom and rounded top with a slightly raised spiral design running the entire length. The chocolates are retail packaged twenty two to a box weighing 75 grams net. The ingredients, as listed on the box, state that the bars contain sugar, cocoa mass, cocoa butter, whole milk powder, lactose, coffee, lecithin, and vanillin.

The applicable subheading for the “Rademacher Dutch Chocolate Sticks - Cappuccino” chocolates will be 1806.31.0049, Harmonized Tariff Schedule of the United States (HTS), which provides for Chocolate and other food preparations containing cocoa: Other, in blocks, slabs or bars: FilledÂConfectionery: Other. The rate of duty will be 5.8 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 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) 637-7059.

Sincerely,

Robert B. Swierupski
Director,

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