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NY M80106




February 8, 2006

CLA-2-18:RR:NC:2:232 M80106

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.31.0041, 1806.32.9000

Mr. Warren E. Coe
Access Business Group International LLC
7575 Fulton Street East
Ada, MI 49355

RE: The tariff classification of a protein and an energy bar from Korea or Japan.

Dear Mr. Coe:

In your letter dated January 18, 2006, you requested a tariff classification ruling.

Three samples submitted with your letter were examined and disposed of. The samples were individually wrapped, rectangular-shaped products measuring between 3-1/2 and 4 inches long, 1-1/4 and 2-1/4 inches wide, and 1/8 and ½-inch thick. The Power Nutrition XS Energy Bar is said to contain a protein blend (whey protein isolate, soy protein isolate, whey protein concentrate), maltitol syrup, hydrolyzed gelatin, glycerine, sugar, palm kernel and palm oil, peanuts, soy nuggets (soy protein, isolate, tapioca, starch, salt), ground peanuts, nonfat milk, polydextrose, water, partially defatted peanut flour, partially hydrogenated soybean oil, natural flavor, cocoa processed with alkali, sodium ascorbate, cream, butter, soy lecithin, cocoa, salt, acerola concentrate, sucralose, maltodextrin, sodium phosphate, mono and diglycerides, beta carotene, vitamin A palmiate, and sodium selenite. The Power Nutrition XS Energy Bar is enrobed in chocolate and weighs 46 grams. The Trim Advantage brand Chocolate Mint Flavor Protein Bar contains a protein blend (whey protein isolate, soy protein isolate, whey protein concentrate, hydrolyzed whey isolate), glycerin, maltitol, sunflower oil, soy nuggets (soy protein isolate, rice flour, malt, salt), cocoa, natural flavors, salt, calcium phosphate, soy lecithin, and sucralose, and weighs 60 grams.

The applicable subheading for the Power Nutrition XS Energy Bar will be 1806.31.0041, Harmonized Tariff Schedule of the United States (HTSUSA), which provides for chocolate and other food preparations containing cocoa other, in blocks, slabs or barsfilledconfectionerycontaining peanuts, peanut butter or peanut paste. The rate of duty will be 5.6 percent ad valorem.

The applicable subheading for the Trim Advantage Chocolate Mint Flavored Protein Bar will be 1806.32.9000, HTSUS, 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.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

Your inquiry does not provide enough information for us to issue a classification ruling on the Nutrilite Fruji Cranberry/Raspberry flavor. Your request for a classification ruling should include the percentage, by weight, of sugar contained in the product.

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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