The tariff classification of Royce brand confectionaries from Japan

N233410 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, N.Y. 11580 RE: The tariff classification of Royce brand confectionaries from Japan Dear Ms. Miniaci: In your letter dated September 18, 2012 you requested a tariff classification ruling. You submitted product samples and descriptive literature with your request. Samples were reviewed and disposed of. The subject merchandise consists of four varieties of R Chocolat chocolate candies with flavored centers: “Milk Cocoa” (item # 3160), “Strawberry” (item # 3161), “Lemon” (item #3162) and “Gianduja” (item # 3163). The candies are individually wrapped, bite size chocolates with soft centers. The candies are products of Japan and are packaged for retail sale in decorative 3 ounce gift boxes. Royce brand R Chocolat “Milk Cocoa” (item # 3160) is said to contain 26.2 percent sugar, 22.4 percent whole milk powder, 19 percent vegetable oil, 16.5 percent cocoa butter, 3.9 percent lactose, 3.7 percent cocoa powder, 3.5 percent chocolate liquor, 2.3 percent cookie, 1.7 percent skim milk powder, and less than one percent of emulsifier and flavor. Royce brand R Chocolat “Strawberry” (item # 3161) is said to contain 27.9 percent sugar, 21.4 percent whole milk powder, 18.4 percent vegetable oil, 16.8 percent cocoa butter, 7.5 percent lactose, 3.5 percent chocolate liquor, 2.2 percent strawberry powder, 1.1 percent skim milk powder, and less than one percent of condensed milk powder, emulsifier and flavor. Royce brand R Chocolat “Lemon” (item # 3162) is said to contain 32.6 percent sugar, 18 percent vegetable oil, 17.2 percent chocolate liquor, 11.9 percent cocoa butter, 10 percent whole milk powder, 6.4 percent lactose, 1.1 percent skim milk powder, 1 percent lemon powder, 1 percent grapefruit powder, and less than one percent of emulsifier, trehalose, flavor and food colorant. Royce brand R Chocolat “Gianduja” (item # 3163) is said to contain 39.2 percent sugar, 18 percent chocolate liquor, 11.7 percent hazelnut paste, 9.5 percent vegetable oil, 9.5 percent cocoa butter, 6 percent whole milk powder, 2.3 percent cookie, 2.3 percent lactose and one percent or less of skim milk powder, emulsifier and flavor. The applicable subheading for all four varieties of Royce brand R Chocolat “Milk Cocoa” (item # 3160), “Strawberry” (item # 3161), “Lemon” (item # 3162) and “Gianduja” (item # 3163) 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