CLA-2-18:OT:RR:NC:232
Ms. Darlene Miniaci
Carmichael International Service
20 W. Lincoln Ave., Suite 300
Valley Stream, NY 11580
RE: The tariff classification of Royce brand Chocolates from Japan
Dear Ms. Miniaci:
In your letter dated August 15, 2012 you, requested a tariff classification ruling. Ingredient breakdowns and samples were submitted along with your request. Samples were examined and disposed of.
The subject merchandise consists of five Royce brand Chocolates: Champagne (Pierre Mignon) (item # 12050), “Au Lait” (item # 12054), “Maccha” (item # 12089), “Mild Cacao” (item # 12092), and “Ecuador Sweet” (item # 3060). Each product is described as a 4 inch square, scored block of chocolate, wrapped in a plastic tray and packaged in a cardboard box (net weight of 4.4 ounces). They are all products of Japan and are packaged for retail sale.
Royce brand Nama Chocolate Champagne (Pierre Mignon) (item # 12050) is said to contain 23.6 percent fresh cream, 23.3 percent cocoa butter, 21.8 percent sugar, 16.6 percent whole milk powder, 5.9 percent Champagne, Brandy, 3.3 percent chocolate liquor, 3.2 percent cocoa powder, 2 percent butter, and less than one percent of emulsifier and flavor.
Royce brand Nama Chocolate “Au Lait” (item # 12054) is said to contain 27.8 percent fresh cream, 24.9 percent sugar, 16.9 percent whole milk powder, 15.4 percent cocoa butter, 6.9 percent chocolate liquor, 3.2 percent Brandy, 2.7 percent cocoa powder, 1.9 percent butter, and less than one percent of emulsifier and flavor.
Royce brand Nama Chocolate “Maccha” (item # 12089) is said to contain 31.5 percent fresh cream, 23.4 percent cocoa butter, 19.9 percent sugar, 10.1 percent skim milk powder, 7.7 whole milk powder, 2.9 percent powdered green tea, 2.6 percent lactose, 1.9 percent Brandy, and less than one percent of emulsifier and flavor.
Royce brand Nama Chocolate “Mild Cacao” (item # 12092) is said to contain 33.1 percent fresh cream, 23.6 percent sugar, 14.9 percent cocoa butter, 12.7 percent chocolate liquor, 12.1 percent whole milk powder, 2.7 percent cocoa powder, and less than one percent of emulsifier and flavor.
Royce brand Nama Chocolate “Ecuador Sweet” (item # 3060) is said to contain 33.5 percent fresh cream, 23.3 percent chocolate liquor, 21.5 percent sugar, 12.9 percent cocoa butter, 3.4 percent whole milk powder, 2.9 percent cocoa powder, 1.4 percent skim milk powder, and less than one percent of lactose, emulsifier and flavor.
The applicable subheading for the five Royce brand Nama Chocolates Champagne (Pierre Mignon) (item # 12050), “Au Lait” (item # 12054), “Maccha” (item # 12089), “Mild Cacao” (item # 12092), and “Ecuador Sweet” (item # 3060) 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 (646) 733-3031.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division