The tariff classification of Royce Aroma chocolate candies from Japan

N230099 August 24, 2012 CLA-2-18:OT:RR:NC:232 CATEGORY: Classification TARIFF NO.: 1806.90.9019 Ms. Darlene Miniaci Carmichael International Service 20 W. Lincoln Ave., Suite 300 Valley Stream, N.Y. 11580 RE: The tariff classification of Royce Aroma chocolate candies from Japan Dear Ms. Miniaci: In your letter dated August 8, 2012 you requested a tariff classification ruling. Ingredient breakdowns and samples were submitted along with your request. Samples were examined and disposed of. The subject merchandise consists of three varieties of Royce Aroma brand chocolate candies in gift boxes. The country of origin for these chocolate candies is Japan and they are all put up for retail sale. Royce Aroma Chocolate Collection (item # 1052) is described as bite-size solid chocolate squares. They are said to contain 36.1 percent sugar, 29.8 percent chocolate liquor, 20.8 percent cocoa butter, 12.7 percent whole milk powder, 0.55 percent emulsifier and 0.05 percent flavor. The product is imported in a paperboard box that holds 32 individually wrapped chocolate squares (net weight 5.7 ounces). Royce Coffee Chocolate (item # 3205) is described as bite-size solid coffee-flavored chocolate squares. They are said to contain 34.8 percent sugar, 32.0 percent cocoa butter, 15.7 percent whole milk powder, 9.8 percent chocolate liquor, 4.3 percent skim milk powder, 2.8 percent coffee, 0.53 percent emulsifier and 0.07 percent flavor. The product is imported in a paperboard box that holds 40 individually wrapped chocolate squares (net weight 7.1 ounces). Royce Milk Chocolate Collection (item # 3250) is described as bite-size solid milk chocolate squares. They are said to contain 35.0 percent sugar, 26.2 percent cocoa butter, 19.1 percent chocolate liquor, 17.9 percent whole milk powder, 1.2 percent cocoa powder, 0.1 percent almond paste, 0.1 percent hazelnut paste, 0.37 percent emulsifier, 0.03 percent flavor. The product is imported in a paperboard box that holds 40 individually wrapped chocolate squares (net weight 5.7 ounces). The applicable subheading for the Royce Aroma Chocolate Collection (item # 1052), Royce Coffee Chocolate (item # 3205), and Royce Milk Chocolate Collection (item # 3250) 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, Thomas J. Russo Director National Commodity Specialist Division