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NY H84179




August 21, 2001

CLA-2-18:RR:NC:SP:232 H84179

CATEGORY: CLASSIFICATION

TARIFF NO.: 1704.90.3550; 1806.32.9000; 1806.90.9019

Mr. Norman Elisberg
Lafayette Shipping Company
2425B 3rd Street
Fort Lee, NJ 07024-4051

RE: The tariff classification of Confectionery from Belgium

Dear Mr. Elisberg:

In your letter dated July 30, 2001, on behalf of Sugar Free Bars, LLC. of Midland Park, New Jersey, you requested a tariff classification ruling.

You submitted samples with your request. The subject merchandise is a variety of sugar free chocolate bars and confections. One type is a 42-gram milk chocolate bar; 5 inches long by 1 inch wide by ½ inch deep and individually wrapped for retail sale. They are scored to enable breaking them into six segments. The sample labels indicate that these bars contain 41.6 percent maltitol, 24.1 percent cocoa butter, 22.3 percent milk powder, 11.6 percent cocoa liquor, and traces of lecithin, vanilla, and flavors such as mint, peanut, and raspberry.

Another product line includes 100-gram bars, 6 inches wide by 3 inches high by 3/8 inch thick, also individually wrapped for retail sale. These bars come in 3 flavors. They are scored to enable breaking them into twenty-four small pieces. According to the product labels, the milk chocolate bar is said to contain maltitol, cocoa butter, milk powder, cocoa liquor, lecithin, and vanilla. The dark chocolate bar is said to contain cocoa liquor, maltitol, cocoa butter, lecithin, and vanilla. The white chocolate bar is stated to consist of maltitol, cocoa butter, milk powder, lecithin, and vanilla.

The next item is a 130 gram boxed assortment of chocolates. Theses are described as containing maltitol, cocoa butter, milk powder, cocoa liquor, hazelnuts, vegetable fat, lecithin, vanilla, and flavors such as coffee, cointreau, and mandarin napoleon.

The applicable subheading for the white chocolate bar will be 1704.90.3550, Harmonized Tariff Schedule of the United States (HTS), which provides for Sugar confectionery (including white chocolate), not containing cocoa: Other: Confections or sweetmeats ready for consumption: Other: OtherPut up for retail sale: Other. The rate of duty will be 5.6 percent ad valorem.

The applicable subheading for the remaining chocolate bars 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 percent ad valorem.

The applicable subheading for the boxed candy 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: OtherConfectionery: Other. The rate of duty will be 6 percent ad valorem.

The Food and Drug Administration may impose additional requirements on these products. You may contact the FDA at:

Food and Drug Administration
Implementation and Compliance Branch
HFF 314, 200 C Street, SW
Washington, D.C. 20204
(202) 205-5321

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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