The tariff classification of TM 21 E Rahmosa Milk, TM 22 ERahmosa Dark, and TM 23 E Rahmosa White fromSwitzerland.

NY 863169 MAY 16 1991 CLA-2-18:S:N:N1:232-863169 CATEGORY: Classification TARIFF NO.: 1806.20.8080; 1901.90.3030 Mr. Beat Herrmann Max Felchlin Inc. Schwyz Main Street 63 CH-6430 Schwyz/Switzerland RE: The tariff classification of TM 21 E Rahmosa Milk, TM 22 E Rahmosa Dark, and TM 23 E Rahmosa White from Switzerland. Dear Mr. Herrmann: In your letter dated May 1, 1991 you requested a tariff classification ruling. Samples were included with your request. TM 21 E Rahmosa Milk is stated to contain 20 percent sugar, 15 percent water, 14 percent other sugars, 12 percent whole milk powder, 12 percent vegetable fat, 11 percent cocoa butter, 9 percent sorbitol E420, 5 percent cocoa paste, 1.5 percent skimmed milk powder, and small amounts of various other ingredients. TM 22 E Rahmosa Dark contains 23 percent sugar, 17 percent cocoa paste, 15 percent water, 12 percent vegetable fat, 10 percent other types of sugar, 9 percent sorbitol, 9 percent cocoa butter, 4.5 percent whole milk powder, and small amounts various other ingredients. TM 23 E Rahmosa White contains 22 percent sugar, 15 percent water, 14 percent vegetable fat, 14 percent cocoa butter, 13 percent other types of sugar, 10.50 percent whole milk powder, 9 percent sorbitol E420, 2 percent skimmed milk powder, and small amounts of various other ingredients. All of the above products are pastes, packaged in six kilogram pails, and will be used as fillings for chocolates, candies, cakes, etc. The applicable subheading for the TM 21 E Rahmosa Milk and the TM 22 E Rahmosa Dark will be 1806.20.8080, Harmonized Tariff Schedule of the United States (HTS), which provides for chocolate and other food preparations containing cocoa: other preparations in blocks or slabs weighing more than 2 kg or in liquid, paste, powder, granular or other bulk form in containers or immediate packings, of a content exceeding 2 kg...other...other...other ...other. The rate of duty will be 10 percent ad valorem. The applicable subheading for the TM 23 E Rahmosa White will be 1901.90.3030, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations of goods of headings 0401 to 0404, not containing cocoa powder...articles of milk or cream not specially provided for ...other. The rate of duty will be 17.5 percent ad valorem. This item is also subject to the absolute quota restrictions provided for in HTS subheading 9904.10.60. 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