CLA-2-19:OT:RR:NC:N2:228
Mr. Gene T. Tierney
Kraft Foods Global, Inc.
910 Mayer Avenue
Madison, WI 53704
RE: The tariff classification of wafer confectionery products from Austria
Dear Mr. Tierney:
In your letter dated December 19, 2011 you requested a tariff classification ruling.
You included a description of the products, samples, and photographs of the cross-section of the product and its retail packaging. The samples were examined and disposed of.
Each Milka® Amavel Truffle, chocolate crème with wafer crispy center, is a rectangular shaped confection with a flat bottom and rounded arched top, consisting of a wafer crisp center covered by a thin layer of chocolate crème and completely covered in Milka Alpine Milk Chocolate. The ingredients include sugar 38-42%, fractionated palm oil 13-15%, chocolate 10-12%, milk 9-12%, cocoa butter 9-11%, whey 4-6%, wheat flour 2-4%, and less than 2% cocoa processed with alkali, skim milk, cream, almond paste, milk fat, soy lecithin, hazelnut paste, vanillin artificial flavor, sunflower lecithin, cocoa powder, natural flavor, lactose, and salt.
Each truffle, as imported, will be individually wrapped in bulk containers. After imported, the individually wrapped truffles will be re-packaged for retail sale to consumers in bags 4.93 oz. (140 gr.) net weight.
The applicable subheading for the Milka® Amavel Truffles will be 1905.32.2049, Harmonized Tariff Schedule of the United States (HTSUS), which provides for bread, pastry, cakes, biscuits and other bakers’ wares, whether or not containing cocoa . . . waffles and wafers . . . other . . . other. The rate of duty will be free.
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 the 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 website 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 Bruce N. Hadley, Jr. at (646) 733-3029.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division