The tariff classification of Royce brand Nama Chocolate White (item # 12053) from Japan

N231835 September 5, 2012 CLA-2-17:OT:RR:NC:232 CATEGORY: Classification TARIFF NO.: 1704.90.3550 Ms. Darlene Miniaci Carmichael International Service 20 W. Lincoln Ave., Suite 300 Valley Stream, NY 11580 RE: The tariff classification of Royce brand Nama Chocolate White (item # 12053) from Japan Dear Ms. Miniaci: In your letter dated August 21, 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 is Royce brand Nama Chocolate White (item # 12053). The product is described as a 4 inch square scored block of white chocolate, wrapped in a plastic tray and again in a cardboard box (net weight of 4.4 ounces). It is a product of Japan and is packaged for retail sale. Royce brand Nama Chocolate White (item # 12053) is said to contain 24.9 percent cocoa butter, 24.6 percent fresh cream, 20.9 percent sugar, 15.8 percent whole milk powder, 5.9 percent skim milk powder, 2.7 percent brandy, 2.7 percent lactose, 2 percent butter, 0.1 percent vegetable oil and less than one percent emulsifier and flavoring. The applicable subheading for the Royce brand Nama Chocolate White (item # 12053) will be 1704.90.3550, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sugar confectionery (including white chocolate), not containing cocoa: other: confections or sweetmeats ready for consumption: other: other: put up for retail sale: other. The rate of duty will be 5.6 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