CLA-2-18:S:N:N7:232 807714

Ms. Donna Tate
Quality Creations Unlimited
206 Kasan Avenue
Volga, SD 57071-0574

RE: The tariff classification of a Kinder Egg from Germany.

Dear Ms. Tate:

In your letter dated March 2, 1995 you requested a tariff classification ruling.

A sample was included with your request. The subject merchandise is described as an egg shaped hollow piece of chocolate about 1/8" thick, which contains a plastic cylinder. Inside the cylinder is a "puzzle-toy", which consists of small plastic pieces that can be assembled into various objects, e.g., little men, cars, animals etc. The chocolate egg with the toy inside will be wrapped in foil.

The applicable subheading for the Kinder Egg will be 1806.90.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for chocolate and other food preparations containing cocoa...other...other...other...other. The rate of duty will be 6.8 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,


Jean F. Maguire
Area Director
New York Seaport