CLA-2-18:OT:RR:NC:232
Ms. Dorma Salinas
Optimum Nutrition.
700 N. Commerce Street
Aurora, IL 60504
RE: The tariff classification of various “chocolate protein bars” from United Kingdom
Dear Ms. Salinas:
In your original letter dated May 26, 2010, you requested a tariff classification ruling. Samples and ingredient breakdowns accompanied your letter. The samples were examined and disposed of. The subject merchandise consists of two varieties of “No Regrets” brand chocolate protein bars. Each bar has a filled center covered with milk chocolate with a net weight of 3.52 ounces. The bars are individually wrapped packaged for retail sale, twelve bars to a box.
“Chocolate Caramel Nut” flavor is said to contain 16.0 percent caramel, 4.0 percent STD soya nuts, 18.0 percent milk chocolate flavoring coating, 15.66 percent acid casein, 13.8 percent ultra whey 80, 0.62 percent burnt sugar, 0.03 percent sucralose, 12.15 percent glycerin, 4.59 percent polydextrose, 4.65 percent water, 6.1628 percent maltitol, 0.62 percent vegetable oil, 0.00620 percent mixed tocopherols, 0.31000 percent synergy caramel flavor and 3.41 percent calcium caseinate.
“Chocolate Peanut Butter” flavor is said to contain 18.0 percent milk chocolate flavoring coating, 14.0 percent peanut butter, 4.96 percent soya nuts, 13.28 percent milk protein isolate, 12.96 percent whey protein concentrate, 3.52 percent peanut flour, 0.032 percent sucralose, 12.544 percent glycerin, 4.096 percent polydextrose, 4.48 percent water, 5.76 percent maltitol, 0.64 percent vegetable oil, 0.4544 percent flavorings, 0.064 percent mixed tocopherols, 2.8416 percent maltodextrin, 0.096 percent salt and 2.272 percent calcium caseinate.
The applicable subheading for the “No Regrets” Chocolate Caramel Nut” and “Chocolate Peanut” protein bars will be 1806.31.0041, Harmonized Tariff Schedule of the United States (HTSUS), which provides for chocolate and other food preparations containing cocoa… other, in blocks, slabs or bars…filled…confectionery…containing peanuts, peanut butter or peanut paste. The rate of duty will be 5.6 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