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NY N013986




August 7, 2007

CLA-2-18:RR:NC:232

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.90.9019

Ms. Joanne M. Barber
Barbers Springhill Farm
30 Paddys Drive
Delacombe, Victoria
Australia 3356

RE: The tariff classification of various gluten free chocolate products from Australia

Dear Ms. Barber:

In your letter dated July 10, 2007 you requested a tariff classification ruling.

Samples and descriptive literature were submitted with your letter. The subject merchandise consists of three products: “gluten free enrobed finger biscuit”, “G Free Rocky Road bar” and “gluten free finger”. The “gluten free enrobed finger biscuit” is stated to contain amaranth, dried apricots, butter, dessicated coconut, whole milk powder, rice pops, icing sugar, sultanas, vegetable oil, orange oil, glace pineapple, diced pears, orange zest, water, carrageenan, white compound chocolate, milk compound chocolate, canola oil and milk, dark or orange chocolate.

The “G Free Rocky Road bar” is stated to contain gluten free marshmallows, milk compound chocolate, dark compound chocolate, white compound chocolate and canola oil.

The “gluten free finger” is stated to contain amaranth, dried apricots, butter, dessicated coconut, whole milk powder, rice pops, icing sugar, sultanas, vegetable oil, orange oil, glace pineapple, diced pears, orange zest, water, carrageenan, white compound chocolate, milk compound chocolate and canola oil.

The applicable subheading for the “gluten free enrobed finger biscuit” will be 1806.90.9019, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Chocolate and other food preparations containing cocoa: Other: Other: OtherConfectionery: Other. The general rate of duty will be 6 percent ad valorem.

The applicable subheading for the “G Free Rocky Road bar” will be 1806.90.9019, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Chocolate and other food preparations containing cocoa: Other: Other: OtherConfectionery: Other. The general rate of duty will be 6 percent ad valorem.

The applicable subheading for the “gluten free finger” will be 1806.90.9019, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Chocolate and other food preparations containing cocoa: Other: Other: OtherConfectionery: Other. The general 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 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

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 Frank Troise at 646-733-3031.

Sincerely,

Robert B. Swierupski
Director,

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