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NY H86103




December 14, 2001

CLA-2-18:RR:NC:SP:232 H86103

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.32.9000

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

RE: The tariff classification of Chocolate from Belgium

Dear Mr. Elisberg:

In your letter received on December 6, 2001, on behalf of La Nouba, Inc., of Midland Park, New Jersey, you requested a tariff classification ruling.

You submitted descriptive literature and a sample with your request. The merchandise in question is said to be a sugar-free, coconut flavored chocolate bar, imported for retail sale. It has a net weight of 42 grams, is 5 inches long by 1 ΒΌ inch wide, and is scored so as to be divisible into six sections. It is said to consist of maltitol, cocoa butter, milk powder, cocoa liquor, lecithin, vanilla, and coconut.

The applicable subheading for the chocolate 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 percent ad valorem. This rate of duty will still be in effect for the year starting January 1, 2002.

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 sample you have submitted does not indicate whether or not any subsequent
importations will 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.

The Food and Drug Administration may impose additional requirements on this product. 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

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 646-733-3031.

Sincerely,

Robert B. Swierupski
Director,

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