CLA-2-18:OT:RR:NC:232
Ms. Nancy L. Dieber
Dorval Trading Co. Ltd.
P.O. Box 620
Nanuet, NY 10954
RE: The tariff classification of Rademaker “Senses” Classic Chocolate Sticks from Holland
Dear Ms. Dieber:
In your letter dated March 23, 2009, you requested a tariff classification ruling.
You submitted descriptive literature and samples with your request. The samples were examined and returned. The merchandise is described as “chocolate filled sticks” boxed for retail sale. The “sticks” are small cylinder shaped chocolates with a cream filled center. You state that all of the boxes will weigh approximately 150 grams and will have pictures of the “sticks” and their filling on the boxes. The four varieties considered here are: “Roasted Pistachio”, “Milk Blood Orange”, “Intense Espresso” and “Toffee Crisp”
“Roasted Pistachio” is described as an extra dark chocolate stick with pistachio filling. It is said to contain 32.9 percent sugar, 22.9 percent cocoa mass, 10.1 percent vegetable fat, 8.9 percent cocoa powder, 6.7 percent whey powder, 5.8 percent cocoa butter, 4.5 percent cream powder, 3.0 percent whole milk powder, 2.1 percent hazelnuts, 2.0 percent pistachio, .06 percent milkfat, 0.4 percent emulsifier (soy lecithin) and .1 percent flavoring (pistachio and vanillin).
“Milk Blood Orange” is described as a milk chocolate stick with blood orange filling. It is said to contain 41.9 percent sugar, 12.5 percent whole milk powder, 10.7 percent vegetable fat, 7.7 percent cocoa butter, 7.6 percent cocoa mass, 7.1 percent whey powder, 4.8 percent cream powder, 3.0 percent cocoa powder, 2.3 percent lactose, 1.0 percent blood orange powder, 0.7 percent milkfat, 0.3 percent maltodextrin, 0.2 percent emulsifier (soy lecithin) and 0.2 percent flavoring (blood orange and vanillin).
“Intense Espresso” is described as an extra dark chocolate stick with espresso filling. It is said to contain 32.6 percent cocoa mass, 29 percent sugar, 9.1 percent vegetable fat, 8.9 percent cocoa powder, 6 percent whey powder, 5.5 percent cocoa powder, 4.1 percent cream powder, 2.7 percent whole milk powder, 1.0 percent coffee powder, 0.6 percent milkfat, 0.4 percent emulsifier (soy lecithin) and 0.1 percent flavoring (coffee).
“Toffee Crisp” is described as a milk chocolate stick with caramel filling. It is said to contain 44 percent sugar, 12.7 percent whole milk powder, 11.1 percent vegetable fat, 7.7 percent cocoa butter, 7.6 percent cocoa mass, 7.3 percent whey powder 4.9 percent cream powder, 2.3 percent lactose, 0.9 percent milkfat, 0.5 percent caramelized sugar, 0.4 percent coloring (E160a:beta carotene), 0.3 percent glucose syrup, 0.3 percent emulsifier (soy lecithin) and less than 0.1 percent of the following: salt, flavoring (caramel, honey and vanillin) and anti-oxidant (e307: alpha tocopherol).
The applicable subheading for the Rademaker Senses Classic Chocolate Sticks “Roasted Pistachio”, “Milk Blood Orange”, “Intense Espresso” and “Toffee Crisp” 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…Confectionery: Other. The general 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,
Robert B. Swierupski
Director
National Commodity Specialist Division