The tariff classification of "A Yard of Chocolate" from England

NY E89467 November 26, 1999 CLA-2-18:RR:NC:SP:232 E89467 CATEGORY: Classification TARIFF NO.: 1806.32.3000 Mr. Bart Williamson Cedar Ridge PO Box 680425 Franklin, TN 37068-0425 RE: The tariff classification of “A Yard of Chocolate” from England Dear Mr. Williamson: In your letter dated October 26, 1999, you requested a tariff classification ruling. You submitted descriptive literature with your request. You had previously sent product samples and package photographs. The subject merchandise is a novelty confectionery item: “A Yard of Chocolate”. This item will be imported retail packaged in the shape and illustrated wrapping which corresponds to its purported usage as a yardstick. The “Yard of Chocolate” bar, 36 inches long and 2 inches wide, weighing 800 grams, is shaped so it can be broken into 1 inch square pieces. It is said to consist of sugar, whole milk powder, cocoa butter, cocoa liquor, whey powder, lecithin, lactose, and vanillin. The applicable subheading for the “Yard of Chocolate” will be 1806.32.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for Chocolate and other food preparations containing cocoa: Other, in blocks, slabs or bars: Not filled: Preparations consisting wholly of ground cocoa beans, with or without added cocoa fat, flavoring or emulsifying agents, and containing not more than 32 percent by weight of butterfat or other milk solids and not more than 60 percent by weight of sugar: Other. The rate of duty will be 4.4 percent ad valorem.  Additional requirements may be imposed on this product by the Food and Drug Administration. You may contact the FDA at:Error! Bookmark not defined. Food and Drug Administration Guidelines and Regulations Branch HFF 314, 200 C Street, SW Washington, D.C. 20204 Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. §1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. §1304 are set forth in Part 134, Customs Regulations (19 C.F.R. Part 134). It is difficult to determine from the photograph you have submitted whether the products are properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry. 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) 637-7059. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division