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NY R00792




September 17, 2004

CLA-2-18:RR:NC:SP:232 R00792

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.90.9090

Ms. Anchi Wang
Young Young, Inc.
7532 9th Ave NE
Seattle, WA 98115

RE: The tariff classification of Chocolate Peanut Butter from China

Dear Ms. Wang:

In your letter dated September 3, 2004, you requested a tariff classification ruling.

You supplied descriptive literature with your request. The subject merchandise is described as chocolate peanut butter that will be imported for retail sale in 375-gram plastic jars. The product is stated to consist of 43 percent peanuts, 31 percent sugar, 12.5 percent cocoa powder, 11.8 percent vegetable oil, and 1.2 percent emulsifier.

The applicable subheading for the chocolate peanut butter will be 1806.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for Chocolate and other food preparations containing cocoa: Other: Other: OtherOther. The rate of duty will be 6 percent ad valorem.

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

Food and Drug Administration
Division of Import Operations and Policy
5600 Fishers Lane
Rockville, Maryland 20857
Telephone: (301) 443-6553

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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