CLA-2-18:OT:RR:E:NC:N4:232
Mr. Jay Eizenstat
Mars Incorporated
6885 Elm Street
McLean VA, 22101
RE: The tariff classification of Chocolate Confectionery from United Arab Emirates.
Dear Mr. Eizenstat:
In your letter dated November 5, 2015, you requested a tariff classification ruling.
The subject merchandise is Mars’ Galaxy Jewels® bite sized chocolate confectionery made from milk chocolate (cocoa solids 25%, milk solids 14%, and vegetable fat 5%), cocoa powder, butter fat, rice flour, barley malt extract, hazelnut, almonds, butter toffee, emulsifiers, mono and diglycerides of fatty acids and flavorings. The individually wrapped chocolate is comprised of ten varieties with different inclusions and cream or caramel fillings such as milk chocolate, crispy, hazelnut, dark chocolate cream, and caramel, whole nut in praline, caramelized almonds, mixed nuts, whole nut, and praline. The product which is packaged for retail sale is manufactured in three bite-sized shapes: hearts, rectangles and domes. Mars’ Galaxy Jewels® will be imported in the following container sizes: 200g, 400g, 650g, 700g, 900g and 1.4kg.
The applicable subheading for the Chocolate Confectionery 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. 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 [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division