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NY F82337




February 16, 2000

CLA-2-18:RR:NC:SP:232 F82337

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.32.9000; 1806.90.9019

Mr. Edward N. Jordan
Expediters International of Washington, Inc. 5200 W. Century Blvd.
6th Floor
Los Angeles, CA 90045

RE: The tariff classification of chocolate products from South Africa

Dear Mr. Jordan:

In your letter dated January 17, 2000, on behalf of David Franco, you requested a tariff classification ruling. Your letter also requests the country of origin marking requirements for the subject merchandise.

Samples of three products were included with your request. Sample #1 is described as a 3 ½” by 2 ½” by 1/8” rectangular milk chocolate with a white chocolate piece. The product includes names, dates and borders embossed and highlighted in a gold edible coloring. The front of the chocolate includes an embossed circular portion, which contains rice paper colored with a “photograph” of a newlywed couple. The entire product is wrapped in a small cellophane bag with ribbon trim. Sample #2 is described as 1 ½” by 3” by 1/8” rectangular milk chocolate piece, which includes names and borders embossed and highlighted with a silver edible coating. The product is wrapped in small cellophane bag with ribbon trim. Sample #3 is a 4” by 1” bottle-shaped white chocolate product, which contains milk chocolate. It includes a rice paper “photograph” of a newlywed couple on the front of the bottle. The entire product is wrapped in a cellophane bag, which is inside a small plastic box.

The milk chocolate in all of the above products is stated to contain 49.43 percent sugar, 26.03 percent vegetable fat, 12.36 percent skimmed milk powder, 5.93 percent cocoa powder, 4.94 percent whey powder, 0.99 percent soya powder, 0.27 percent emulsifiers and 0.05 percent flavourants. The white chocolate in Sample #1 and in Sample #3 is stated to contain 46.19 percent sugar, 30.28 percent vegetable fat, 22.4 percent skimmed milk powder, 0.18 percent lecithin, 0.09 percent moisture and 0.06 percent flavour.

You indicate that all of the above products will be used as promotional items or as mementos of events such as weddings, bar mitzvahs, award ceremonies. The products are giveaways and will not be sold to the public at retail.

The applicable subheading for the rectangular chocolate products described as Sample #1 and as Sample #2 and 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 rate of duty will be 6 percent ad valorem.

The applicable subheading for the bottle-shaped chocolate product described as Sample #3 will be 1806.90.9019, HTS, which provides for Chocolate and other food preparations containing cocoa...other...other...other... confectionery...other. The rate of duty will be 6 percent ad valorem.

Articles classifiable under subheading 1806.32.9000, HTS, and subheading 1806.90.9019, HTS, which are products of South Africa are currently entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check the Customs Web site at www.customs.gov. At the Web site, click on "CEBB" and then search for the term "GSP".

Your inquiry does not provide enough information for us to give a marking ruling on the chocolate products. Your request for a marking ruling should include information on how the products will be packaged and marked when imported. Indicate what happens to the products after importation. Also, specify who will receive the individual giveaways, and exactly how they will be packaged when received.

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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