CLA-2-18:OT:RR:NC:N2:232
Ms. Tonja Davenport
Dollar General Corp.
100 Mission Ridge
Goodlettsville TN 37072
RE: The tariff classification of Chocolate Santa Claus from France
Dear Ms. Davenport:
In your letter dated June 24, 2015, you requested a tariff classification ruling.
The sample submitted is that of a hollow chocolate Santa Claus figure with multicolored chocolate “buttons” pasted down the middle of the chocolate molded Santa suit. The product is wrapped in foil that has a Christmas motif depicting Santa Claus surrounded by two children holding a bowl filled with “milk chocolate & buttons”. The stated ingredients are sugar, cocoa butter, whole milk powder, unsweetened cocoa, sunflower lecithin, natural vanilla flavor, whey powder, lactose, skim milk powder, glucose syrup, color, calcium carbonate, gum Arabic, beeswax, carnauba wax, potato starch and color. The product is packaged for retail sale and ready for consumption.
The applicable subheading for the Chocolate Santa Claus 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