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NY I80891




May 13, 2002

CLA-2-18:RR:NC:SP:232 I80891

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.90.9019

Mr. Peter P. Sterling
Worthmore Forwarding
175-11 148th Avenue
Jamaica, NY 11434

RE: The tariff classification of Confectionery from Turkey

Dear Mr. Sterling:

In your letter dated April 18, 2002, on behalf of EP Enterprises, Inc., you requested a tariff classification ruling.

You submitted a sample with your request. The subject merchandise is Solen “Diamond” confectionery, which will be imported for retail sale packed 30 in a hard, clear plastic box containing 375 grams, net. The candies are dome-shaped, individually foil wrapped, and are nestled in paper cups. The box holds 2 layers of 15 chocolates each, separated by a thin plastic sheet. According to the label on the sample, the candies are said to consist of sugar, cocoa fat, hazelnut, milk powder, hydrogenated vegetable fat, cocoa mass, hazelnut puree, cocoa powder, wheat flour, lecithin, baking powder, stabilizer, salt, and vanillin.

The applicable subheading for the Solen “Diamond” confectionery 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 duty rate will be 6 percent ad valorem.

Articles classifiable under subheading 1806.90.9019, HTS, which are products of Turkey 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 "T-GSP".

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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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