The tariff classification of milk chocolate figures from Germany

N111576 July 20, 2010 CLA-2-18:OT:RR:NC:232 CATEGORY: Classification TARIFF NO.: 1806.90.9019 Ms. Audrey Szatkowski Schenker, Inc. 1333 South Mount Prospect Road Des Plaines, IL 60018 RE: The tariff classification of milk chocolate figures from Germany Dear Ms. Szatkowski: In your letter dated June 18, 2010 you requested a tariff classification ruling. Samples were included with your initial request which were examined and disposed of. The subject merchandise is comprised of solid and hollow milk chocolate figures wrapped in decorative Christmas-theme foil wrapping. They are said to consist of fine milk chocolate which has the following ingredients: 49 percent sugar, 20 percent milk powder, 17.5 percent cocoa butter, 13 percent cocoa mass, less than 0.5 percent emulsifiers and less than 0.01 percent natural flavor vanilla. The chocolate figures will be imported from Germany in retail bags weighing 150 grams. The applicable subheading for the milk chocolate figures will be 1806.90.9019, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Chocolate and other food preparations containing cocoa: Other: Other: Other. The rate of duty will be 6 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