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NY F81385




January 13, 2000

CLA-2-18:RR:NC:SP:232 F81385

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.32.9000; 1806.90.9019

Ms. Eleanor M. O’Donnell
Hershey Foods Corporation
Corporate Headquarters
100 Crystal A Drive
P.O. Box 810
Hershey, Pennsylvania 17033-0810

RE: The tariff classification of confectionery products from Mexico

Dear Ms. O’Donnell:

In your letter dated December 16, 1999 you requested a tariff classification ruling.

Samples were submitted with your request. The subject merchandise consists of three confectionery products: Hershey’s Cookies `n’ Creme candy bar, Hershey’s Cookies `n’ Creme Nuggets and Hershey’s Cookies `n’ Creme Bites.

Hershey’s Cookies `n’ Creme candy bar is approximately 3 inches long with a net weight of .6 ounces. It is packaged for retail sale in a foil wrapper. The wrapper describes the product as “Chocolate cookie bits in white chocolate.” The merchandise is stated to contain white chocolate (sugar, non-fat milk, cocoa butter, anhydrous milk fat, lactose, soya lecithin, vanillin and tocopherols). The balance of the product contains enriched flour, sugar, vegetable oil, cocoa processed with alkali (less than 2.5 percent), whey, high fructose corn syrup, chocolate (less than 0.50 percent), leavening, corn flour, salt, soya lecithin, artificial and natural flavoring.

Hershey’s Cookies `n’ Creme Nuggets are small candy bars approximately 1.25 inches long. The submitted bars are wrapped in foil, and were taken from a package marked for retail sale. The merchandise is stated to contain white chocolate (sugar, non-fat milk, cocoa butter, anhydrous milk fat, lactose, soya lecithin, vanillin and tocopherols). The balance of the product contains enriched flour, sugar, vegetable oil, cocoa processed with alkali (less than 2.0 percent), whey, high fructose corn syrup, chocolate (less than 0.50 percent), leavening, corn flour, salt, soya lecithin, artificial and natural flavoring.

Hershey’s Cookies `n’ Creme Bites are small candy spheres packaged for retail sale in a foil envelope with a net weight of 5.3 ounces. The packaging describes the product as “Chocolate cookie bits in white chocolate.” The merchandise is stated to contain white chocolate (sugar, non-fat milk, cocoa butter, milk fat, lactose, soya lecithin, vanillin and tocopherols). The balance of the product contains enriched flour, sugar, vegetable oil, cocoa processed with alkali (less than 2.0 percent), 0.5 percent or less whey, chocolate (less than 0.5 percent), high fructose corn syrup, corn syrup, dextrin, corn flour, resinous glaze, sodium bicarbonate, salt, soya lecithin, artificial and natural flavoring, gum arabic, modified food starch, hydrogenated coconut oil and xanthum gum.

The applicable subheading for the Hershey’s Cookies `n’ Creme candy bar and the Hershey’s Cookies `n’ Creme Nuggets 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: otherother. The general rate of duty will be 6 percent ad valorem.

The applicable subheading for the Hershey’s Cookies `n’ Creme Bites will be 1806.90.9019, HTS, which provides for Chocolate and other food preparations containing cocoa...other...other...other... confectionery...other. The general rate of duty will be 6 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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