CLA-2-18:RR:NC:SP:232 C81928

Mr. Joseph A. Mantone
The Frank Sweeney Corporation
67 Robbins Dr.
P.O. Box 10
East Williston, New York 11596

RE: The tariff classification of cocoa press cake from Ghana.

Dear Mr. Mantone:

In your letter dated November 18, 1997 you requested a tariff classification ruling.

The subject merchandise is described as cocoa press cake, which is non-alkalized and is stated to contain 10/12 percent fat. The product will be imported in bulk containers.

The applicable subheading for the cocoa press cake will be 1803.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Cocoa paste, whether or not defatted ...wholly or partially defatted. The duty rate will be 0.2 cents per kilogram. There are no quota or visa restrictions on the importation of this merchandise.

Articles which are classifiable under subheading 1803.20.0000, HTS, which are products of Ghana are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

Additional requirements may be imposed on this product by the Food and Drug Administration. You may contact the FDA at:

Food and Drug Administration Guidelines and Regulations Branch HFF 314, 200 C Street, S.W. Washington, D.C. 20204

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 212-466-5730.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division