CLA-2-18:OT:RR:E:NC:232
Ms. Sherri Comeau
Barry Callebaut
2950 Nelson Street
St-Hyacinthe, Quebec
J2S1Y7 Canada
RE: The tariff classification of Dark/White Chocolate Decostripes (item number E003610) from the Netherlands
Dear Ms. Comeau:
In your letter dated June 22, 2009, you requested a tariff classification ruling.
The subject merchandise is described as Dark/White Chocolate Decostripes from the Netherlands. It is said to contain 46.6 percent sugar, 27.3 percent cocoa butter, 21.2 percent full cream milk powder and 4.5 percent cocoa paste. The percentage of milkfat is 5.7 percent and the product also contains 20.7 percent milk solids. The chocolate is in “small rectangle shaped pieces” imported in 0.68 kilogram boxes, 348 pieces per box used for decorating pastries and baked goods.
The applicable subheading for the Dark/White Chocolate Decostripes (item number E003610) will be 1806.90.9090, 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,
Robert B. Swierupski
Director
National Commodity Specialist Division