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NY N024130




March 14, 2008

CLA-2-84:OT:RR:E:NC:N1:106

CATEGORY: CLASSIFICATION

TARIFF NO.: 8438.90.9030

Mr. Karl Krueger
DHL Global Forwarding
2660 20th St.
Port Huron, MI 48060

RE: The tariff classification of a mold for chocolate candy production from Germany.

Dear Mr. Krueger:

In your letter dated February 29, 2008 on behalf of your client, The Hershey Company, you requested a tariff classification ruling. You included a description and photos with your request.

The merchandise at issue is referred to as a mold for chocolate candy production and is constructed of polycarbonate. You state that each mold is designed for use in a specific chocolate making machine and is only interchangeable between machines of the same make and model due to size, cavities and fit to the mechanism which attaches it to the conveyor of the machine. When in use, the mold is attached to a continuously moving conveyor on the machine where the individual cavities of the mold are filled with liquid chocolate, are subjected to a cooling process and when hardened, are emptied and reused on that same model of machine.

The applicable subheading for the mold for chocolate candy production will be 8438.90.9030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for machinery,for the industrial preparation or manufacture of food or drink,: parts: other, of machinery for the manufacture of confectionery, cocoa or chocolate. The general rate of duty will be 2.8 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 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 Mark Palasek at 646-733-3013.

Sincerely,

Robert B. Swierupski
Director,

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