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NY E89183




November 8, 1999

CLA-2-18:RR:NC:SP:232 E89183

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.32.9000

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

RE: The tariff classification of Nestle Milky 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 Milky Bar”, milk and cookies flavor. This is a retail packaged 50 gram speckled white confectionery bar, which the label states consists of a base of sugar, milk powder, vegetable fat, lecithin, and flavor, into which is mixed a cookie portion which is described as containing wheat flour, sugar, vegetable fat, cocoa, starch, non-fat milk solids, cocoa liquor, and salt.

The applicable subheading for the Nestle Milky Bar will be 1806.32.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for Chocolate and other food preparations containing cocoa: Other, in blocks, slabs or bars: Not filled: Other: 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, 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).

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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