The tariff classification of organic chocolate bars from Italy

N042843 November 24, 2008 CLA-2-18:RR:NC:232 CATEGORY: Classification TARIFF NO.: 1806.32.3000 Mr. Carlos E. Sanchez Cadbury North America 389 Interpace Parkway Parsippany, NJ 07054 RE: The tariff classification of organic chocolate bars from Italy Dear Mr. Sanchez: In your letter dated October 24, 2008, on behalf of Cadbury Adams USA, you requested a tariff classification ruling for five organic chocolate bars. You submitted product samples and descriptive literature with your request. Samples were reviewed and disposed of. The subject merchandise is five varieties of “Green & Black’s Organic” brand 100-gram and 150-gram chocolate bars. They are scored, wrapped in foil and again in a paper wrapper. The 100-gram bar measures 3 inches in width, 6 inches in length and the depth is 3/8 inches. The 150-gram bar measures 3 ½ in width, 7 inches in length and the depth is 3/8 inches. They will be imported in finished form for retail sale. “Cherry” chocolate bar is said to contain 42.40 percent cocoa paste, 30.88 percent raw cane sugar, 20.00 percent cerries, 6.40 percent cocoa butter, .30 percent soy lecithin and .02 percent vanilla extract. “Dark 60%” chocolate bar is said to contain 53.00 percent cocoa paste, 38.60 percent raw cane sugar, 8.00 percent cocoa butter .37 percent soy lecithin and .03 percent vanilla extract. “Dark 70%” chocolate bar is said to contain 64.00 percent cocoa paste 28.60 percent raw cane sugar, 7.00 percent cocoa butter, .37 percent soy lecithin and .03 percent vanilla extract. “Dark 85%” chocolate bar is said to contain 75.00 percent cocoa paste, 18.33 percent raw cane sugar, 6.00 percent cocoa butter, .37 percent soy lecithin and .30 percent vanilla extract. “Baking 72%” chocolate bar is said to contain 64.00 percent cocoa paste, 26.60 percent raw cane sugar, 9.00 percent cocoa butter, .37 percent soy lecithin and .03 percent vanilla extract. The applicable subheading for the Green & Black’s Organic Cherry, Dark 60%, Dark 70%, Dark 85% and Baking 72% chocolate bars will be 1806.32.3000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Chocolate and other food preparations containing cocoa: Other, in blocks, slabs or bars: Not filled: Other. The general rate of duty will be 4.3 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 merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html. 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 Frank Troise at 646-733-3031. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division