CLA-2-18:OT:RR:NC:232
Ms. Norma M. Sanchez
Nutri Caribe, Inc.
P.O. Box 360853
San Juan, Puerto Rico
00936
RE: The tariff classification of Instant Chocolate Drink Mix from the Dominican Republic
Dear Ms. Sanchez:
In your letter dated September 22, 2010, you requested a classification ruling. Ingredient breakdowns accompanied your letter. The merchandise, “Instant Chocolate” Drink Mix is said to contain 78.26 percent sugar, 18.00 percent alkalized cocoa powder, 2.00 percent dicalcium phosphate, 0.74 percent soy lecithin, 0.52 percent salt, 0.15 percent vanillin, 0.30 percent vitamins (A, C, D, E, B1, B2, niacin, folic acid, iron and iodine), and 0.03 percent ground cinnamon. The subject merchandise is packaged for retail sale in pouches of 6, 12 and 20 ounces. The product will be used to prepare a hot or cold beverage by dissolving it in milk.
The applicable subheading for the “Instant Chocolate” Drink Mix will be 1806.90.4900, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Chocolate and other food preparations containing cocoa: Other: Other: Other: Other: Articles containing over 65 percent by dry weight of sugar described in additional U.S. note 2 to chapter 17: Other. The duty rate will be 37.2 cents per kilogram plus 6 percent ad valorem. In addition, products classified in subheading 1806.90.4900, HTSUSA, will be subject to additional duties based on their value, as described in subheadings 9904.17.17 to 9904.17.48, HTSUS.
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