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NY E88309





November 17, 1999

CLA-2-18:RR:NC:SP:232 E88309

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.31.0041

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

RE: The tariff classification of Nestle Scorched Peanut Bar from Australia

Dear Ms. Spektor Bell:

In your letter dated October 11, 1999, you requested a tariff classification ruling.

You submitted samples with your request. The merchandise in question is “Nestle Scorched Peanut Bar”. This is a retail packaged 40 gram chocolate-coated peanut bar, which the label states consists of compounded chocolate (sugar, vegetable oil, non-fat milk solids, cocoa, butter oil, lecithin, salt), roasted peanuts, glucose syrup, sugar, salt, treacle, and molasses.

The applicable subheading for the “Nestle Scorched Peanut Bar” will be 1806.31.0041, Harmonized Tariff Schedule of the United States (HTS), which provides for Chocolate and other food preparations containing cocoa: Other, in blocks, slabs or bars: filledConfectionery: Containing peanuts, peanut butter or peanut paste. The rate of duty will be 5.8 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, SW
Washington, D.C. 20204

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

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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