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NY N016336




September 20, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.32.3000

Mr. Scott Myers
Looking Glass Enterprises, LLC
P.O. Box 2002
Titusville, FL 32781

RE: The tariff classification of organic dairy-free chocolate bars from the United Kingdom

Dear Mr. Myers:

In your letter dated August 28, 2007, on behalf of Black Duck Imports, LLC, you requested a tariff classification ruling for five organic dairy-free chocolate bars.

Organic Chocolate Bar is said to contain 44 percent cocoa butter, 16 percent cocoa solids, 39.5 percent sugar and 0.5 percent lecithin and orange oil.

Mint Chocolate Bar is said to contain 44 percent cocoa butter, 16 percent cocoa solids, 39.5 percent sugar and 0.5 percent lecithin and peppermint oil.

Ginger Chocolate bar is said to contain 44 percent cocoa butter, 16 percent cocoa solids, 39.5 percent sugar and 0.5 percent lecithin and ginger oil.

Cayenne Chocolate Bar is said to contain 44 percent cocoa butter, 28 percent cocoa solids, 27.5 percent sugar and 0.5 percent lecithin and cayenne pepper.

Dark Chocolate Bar is said to contain 52.7 percent cocoa butter, 34.3 percent cocoa solids, 12.5 percent sugar and 0.5 percent lecithin.

You state that all of the organic dairy-free chocolate bars will be packaged in a foil wrap with a paper outer label and are intended for retail sale to consumers.

The applicable subheading for the organic chocolate bars will be 1806.32.3000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Chocolate and other food preparations containing cocoa: Other, in blocks, slabs or bars: Not filled: Other. The general rate of duty will be 4.3 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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