The tariff classification of “Trader Joe’s Chocolate Orange Sticks” and “Chocolate Raspberry Sticks” from Austria

N139537 January 7, 2011 CLA-2-18:OT:RR:NC:232 CATEGORY: Classification TARIFF NO.: 1806.90.9019 Mr. Rolf Roniger Food & Sweets Trading GMBH CH-5210 Windisch Dorfstrasse 69 Switzerland RE: The tariff classification of “Trader Joe’s Chocolate Orange Sticks” and “Chocolate Raspberry Sticks” from Austria Dear Mr. Roniger: In your letter dated December 21, 2010 you requested a tariff classification ruling. Samples and ingredient breakdowns accompanied your letter. The samples were examined and returned. The merchandise is described as “dark chocolate covered jelly sticks” made in Austria. The “sticks” are small and oval-shaped, consisting of a flavored jelly center with a dark chocolate coating. They are packaged for retail sale in plastic boxes weighing 18 ounces. The two varieties considered here are “Chocolate Orange Sticks” and “Chocolate Raspberry Sticks” sold under the brand name “Trader Joe’s”. “Trader Joe’s Chocolate Orange Sticks” are described as having an orange flavored jelly center. It is said to contain 34.78 percent sugar, 33.76 percent glucose syrup, 14 percent cocoa mass, 9.05 percent water, 6.20 percent cocoa butter, 1.21 percent pectin, 0.60 percent citric acid, 0.20 percent flavor, 0.10 percent soy lecithin and 0.10 carrot juice concentrate. “Trader Joe’s Chocolate Raspberry Sticks” are described as having a raspberry flavored center. It is said to contain 34.78 percent sugar, 33.76 percent glucose syrup, 14 percent cocoa mass, 9.05 percent water, 6.20 percent cocoa butter, 1.21 percent pectin, 0.60 percent citric acid, 0.20 percent flavor, 0.10 percent soy lecithin, and 0.10 percent carrot and pomegranate concentrate. The applicable subheading for the “Trader Joe’s Chocolate Orange Sticks” and “Trader Joe’s Chocolate Raspberry Sticks” 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