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NY J81059




February 20, 2003

CLA-2-21:RR:NC:2:228 J81059

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.8200

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

RE: The tariff classification of a sugar-free white chocolate from Belgium.

Dear Mr. Elisberg:

In your letters dated December 9, 2002 and January 27, 2003, on behalf of La Nouba Inc., Midland Park, NJ, you requested a tariff classification ruling.

Samples and a manufacturers flow chart were submitted with your first letter. An ingredients breakdown accompanied your January letter. The samples were examined and disposed of. La Nouba Sugar Free White Chocolate consists of 46.4 percent maltitol, 30 percent cocoa butter, and 23.2 percent full cream milk powder. The product, in bar form, is retail packed in wrappers containing 1.5 ounces, net weight.

The applicable subheading for the sugar-free white chocolate will be 2106.90.8200, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or includedotherothercontaining over 10 percent by weight of milk solidsother. The rate of duty will be 6.4 percent ad valorem.

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 Stanley Hopard at 646-733-3029.

Sincerely,

Robert B. Swierupski
Director,

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