The tariff classification of Royce brand assorted Chocolates from Japan

N233194 October 4, 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, NY 11580 RE: The tariff classification of Royce brand assorted Chocolates from Japan Dear Ms. Miniaci: In your letter dated September 12, 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 two Royce brand Pure Chocolates assortments: Venezuela Bitter & Ghana Sweet (item # 6055) and Mild Bitter & Extra Bitter (item # 6060) are described as 1 ½ inch round chocolate candies, individually wrapped in clear plastic and packaged in a cardboard box (net weight 7.1 ounces). They are all products of Japan and are packaged for retail sale. Royce brand Pure Chocolate Venezuela Bitter & Ghana Sweet is said to contain 45.8 percent chocolate liquor, 33.6 percent sugar, 19.3 percent cocoa butter, and less than one percent of whole milk powder, emulsifier and flavor. Royce brand Pure Chocolate Mild Bitter & Extra Bitter is said to contain 68.2 percent chocolate liquor, 18.2 percent cocoa butter, 12.5 percent sugar, and less than one percent of skim milk powder, emulsifier and flavor. The applicable subheading for both Royce brand Pure Chocolates Venezuela Bitter & Ghana Sweet (item # 6055) and Pure Chocolate Mild Bitter & Extra Bitter (item # 6060) 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, Thomas J. Russo Director National Commodity Specialist Division