The tariff classification of Chocolate products from Canada

N256584 September 18, 2014 CLA-2-18:OT:RR:NC:232 CATEGORY: Classification TARIFF NO.: 1806.20.9019 Ms. Shirley A. Coffield Coffieldlaw PC 445 Clayton Lane Alexandria VA 22304 RE: The tariff classification of Chocolate products from Canada Dear Ms. Coffield: In your letter dated August 26, 2014 you requested a tariff classification ruling on behalf of your client, Foley’s Candies Ltd. You provided descriptive literature and product samples of both chocolate products. Samples were reviewed and disposed. The products are ready to be consumed “as is” and will be sold for retail or used in the pastry industry. Tuxedo Cranberry Medley, are cranberries that are enrobed in three different coating variations, dark chocolate, milk chocolate and yogurt. According to the information provided to this office for review, it is said to contain 39 percent dried cranberries, 31 percent sugar, 9 percent chocolate liquor, 7 percent cocoa butter, 5 percent palm kernel oil, 3 percent whole milk powder, and less than one percent of the following: powered whey protein concentrate, Greek yogurt powder, whey powder, Dutch processed cocoa powder, soya lecithin, sorbitan tristearate, citric acid, natural flavors, glucose, tapioca dextrin and confectionery glaze. The Tuxedo Cranberry Medley are bulk packaged in a poly-lined corrugated box with a net weight of 12 kilograms. Dark Chocolate Fruit Bites, are pea-sized pieces of fruit enrobed in dark chocolate. It is said to contain 44.6 percent blueberry, pomegranate, acai and cranberry bits, 24 percent sugar, 20 percent chocolate liquor, 7 percent cocoa butter, 2 percent whole milk powder, 1 percent Dutch processed cocoa powder, and less than one percent of the following: soya lecithin, natural flavors, glucose, tapioca dextrin and confectionery glaze. The dark chocolate fruit bites are bulk packaged in a poly- lined corrugated box with a net weight of 12 kilograms. Your inquiry does not provide enough information for us to give a classification ruling on the Tuxedo Cranberry Medley. Your request for a classification ruling should include a complete, and accurate, ingredients breakdown for the three separate products that comprise the medley mix. The breakdown you have submitted seems to include and prorate the total ingredients. When this information is available, you may wish to consider resubmission of your request. The applicable subheading for the Dark Chocolate Fruit Bites 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 telephone number (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 frank.l.troise@cbp.dhs.gov. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division