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September 9, 1999

CLA-2-18:RR:NC:SP:232 E86048

CATEGORY: CLASSIFICATION

TARIFF NO.:1806.90.9019

Mr. Timothy C. Stanceu
Hogan & Hartson
Columbia Square
555 Thirteenth Street, NW
Washington, DC 20004-1109

RE: The tariff classification of the Nestle Wonderball from Germany

Dear Mr. Stanceu:

In your letter dated August 23, 1999, on behalf of Nestle U.S.A., Inc., you requested a tariff classification ruling.

A sample was submitted with your request. The subject merchandise is described as hollow ball of milk chocolate. Inside the ball are small confections in the shapes of various Disney characters. The principle ingredients of the chocolate ball are sugar, cocoa butter, chocolate and milk. The main ingredient of the confections inside the ball is dextrose. The chocolate ball is wrapped in foil and is packaged in a cardboard box. The product has a net weight of 1.05 ounces.

The applicable subheading for the Nestle Wonderball 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 6.2 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 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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