The tariff classification of Royce brand assorted Chocolates from Japan

N233625 October 23, 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 4, 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 Royce brand Pure Chocolate assortments: Creamy Milk & White (item # 6042), and Caramel Milk & Creamy White (item # 6053). They are described as 1½ inch round white chocolate and chocolate candies, individually wrapped in clear plastic and packaged in a cardboard box (net weight 7.1 ounces). Royce brand Pure Chocolate assortments: Creamy Milk & White (item # 6042), and Caramel Milk & Creamy White (item # 6053) are products of Japan and are packaged for retail sale. Royce brand Pure Chocolate Creamy Milk & White (item # 6042) milk chocolate is said to contain 40.4 percent sugar, 31 percent cocoa butter, 21.4 percent whole milk powder, 6.7 percent chocolate liquor, and less than one percent of emulsifier and flavor. Royce brand Pure Chocolate Creamy Milk & White (item # 6042) white chocolate is said to contain 37.9 percent cocoa butter, 30.9 percent sugar, 26.3 percent whole milk powder, 2.5 percent skim milk powder, and less than one percent of emulsifier and flavor. Royce brand Pure Chocolate Caramel Milk & Creamy White (item # 6053) caramel milk chocolate is said to contain 38.8 percent sugar, 33.7 percent cocoa butter, 11.8 percent whole milk powder, 8.9 percent chocolate liquor, 3.8 percent skim milk powder, 1.4 percent sweetened condensed skim milk, 1.1 percent unsweetened condensed milk and less than one percent of emulsifier and flavor. Royce brand Pure Chocolate Caramel Milk & Creamy White (item # 6053) white chocolate is said to contain 37.2 percent cocoa butter, 35.5 percent sugar, 21.6 percent whole milk powder, 2.7 percent skim milk powder, 2.4 percent cream powder, and less than one percent of emulsifier and flavor. The applicable subheading for Royce brand Pure Chocolates Creamy Milk & White (item # 6042), and Caramel Milk & Creamy White (item # 6053) 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