CLA-2-18:OT:RR:NC:232
Ms. Nancy L. Dieber
Dorval Trading Co. Ltd.
PO Box 620
Nanuet, NY 10954
RE: The tariff classification of chocolate sticks from the Netherlands
Dear Ms. Dieber:
In your letter dated July 13, 2009, you requested a tariff classification ruling.
You submitted descriptive literature and samples with your request. The samples were examined and destroyed. 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 either approximately 75 grams or 125 grams and will have pictures of the "sticks" and their filling on the boxes. The two varieties considered here are: Rademaker Cappuccino Sticks: White & Milk Chocolate sticks With Mocha Coffee (Ref #7617) and Rademaker Dark Chocolate Sticks: With Pure Peppermint Oil (Ref #7611).
Rademaker Cappuccino Sticks: White & Milk Chocolate sticks with mocha coffee (Ref #7617) are described as white chocolate sticks filled with milk chocolate and coffee. It is said to contain 43.1 percent sugar, 20.9 percent cocoa butter, 19.7 percent whole milk powder, 7.3 percent cocoa mass, 4.8 percent lactose, 2 percent coffee, 2 percent skimmed milk powder, 0.2 percent soya lecithin, and trace amounts of natural vanilla. Rademaker Dark Chocolate Sticks: With Pure Peppermint Oil (Ref #7611) are described as dark chocolate sticks with a peppermint filling. It is said to contain 58.7 percent sugar, 23.4 percent cocoa mass, 15.5 percent cocoa butter, 2 percent lactose, 0.2 percent soya lecithin, and 0.2 percent flavors (natural peppermint oil and natural vanilla).
The applicable subheading for the Rademaker Cappuccino Sticks: White & Milk Chocolate sticks with mocha coffee (Ref #7617) and Rademaker Dark Chocolate Sticks: With Pure Peppermint Oil (Ref #7611) 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