The tariff classification of Chocolate Coated Candies from Switzerland

N192515 November 30, 2011 CLA-2-18:OT:RR:NC:232 CATEGORY: Classification TARIFF NO.: 1806.90.9019 Mr. Rolf Roniger Food & Sweets Trading GMBH Dorfstrasse 69 Windisch Aargau 5210 Switzerland RE: The tariff classification of Chocolate Coated Candies from Switzerland Dear Mr. Roniger: In your letter dated November 9, 2011, you requested a classification ruling. Ingredient breakdown and samples were submitted with your request. Samples were examined and disposed of. The merchandise is described as bite-sized chocolate-coated candies with peppermint centers. The candies are said to contain 67.35 percent sugar, 10.50 percent cocoa mass, 6.81 percent glucose syrup, 6.37 percent sorbit, 4.65 percent cocoa butter, 4.13 percent water, and less than one percent of the following: lecithin, peppermint oil, menthol and invertin. The product is imported in a clear plastic container holding several candies to be sold at Trader Joe’s retail stores. The applicable subheading for the Chocolate Coated Candies 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…Confectionery: Other. The general 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