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NY F85003




April 7, 2000

CLA-2-18:RR:NC:SP:232 F85003

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.90.9019

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

RE: The tariff classification of Assorted Chocolate Coated Nuts from Spain

Dear Ms. Spektor Bell:

In your letter dated March 23, 2000, you requested a tariff classification ruling.

You submitted samples with your request. The subject merchandise is “LaCasa” brand chocolate coated nut and raisin assortment. This will be imported retail packaged in metal containers 6 ½ inches tall, 4 ½ inches wide, 2 inches deep, containing 300 grams, net. The assortment is said to consist of 20 percent bittersweet chocolate coated almonds, 50 percent bittersweet chocolate coated raisins, 20 percent milk chocolate covered hazelnuts, and 10 percent white chocolate covered almonds.

The bittersweet chocolate coated almonds are said to contain 38.79 percent sugar, 26.54 percent cocoa mass, 25.74 percent almonds, 8.1 percent cocoa butter, and traces of corn syrup, lecithin, and vanillin. The bittersweet chocolate coated raisins are described as consisting of 40.4 percent raisins, 30.3 percent sugar, 22.29 percent cocoa mass, 6.2 percent cocoa butter, and traces of corn syrup, lecithin, and vanillin. The milk chocolate covered hazelnuts are said to consist of 40.53 percent sugar, 20.57 percent cocoa butter, 19.72 percent hazelnuts, 5.53 percent whole milk powder, 4.61 percent cocoa mass, 4.61 percent whey powder, 3.68 percent lactose, and traces of corn syrup, lecithin, and vanillin. The white chocolate covered almonds are said to be made of 37.1
percent sugar, 25.73 percent almonds, 21.22 percent cocoa butter, 6.98 percent skimmed milk powder, 5.31 percent whole milk powder, 2.79 percent whey powder, and traces of corn syrup, lecithin, and vanillin

The applicable subheading for the chocolate coated nut and raisin assortment 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 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

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (19 CFR Part 134). The samples you have submitted do not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

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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