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NY R00853




October 12, 2004

CLA-2-18:RR:NC:SP:232 R00853

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 Butters from China

Dear Ms. Wang:

In your letter dated September 22, 2004, you requested a tariff classification ruling.

You supplied descriptive literature with your request. The subject merchandise is two varieties described as chocolate peanut butter. They both will be imported for retail sale in 375-gram plastic jars. The first product is stated to consist of 50 percent peanuts, 27 percent sugar, 11.8 percent vegetable oil, 10 percent cocoa powder, and 1.2 percent emulsifier. The second product is said to contain 53 percent peanuts, 26 percent sugar, 11.8 percent vegetable oil, 8 percent cocoa powder, and 1.2 percent emulsifier.

The applicable subheading for both of these versions of 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.

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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