CLA-2-18:OT:RR:E:NC:N4:232
Ms. Linda Huetger
Import Administrator
Frankford Candy LLC
9300 Ashton Road
Philadelphia, PA 19114
RE: The tariff classification of Dove Chocolate Candies with Two Stemless Wine Glasses
Dear Ms. Huetger:
In your letter dated February 21, 2017, you requested a tariff classification ruling. You submitted product samples and descriptive literature with your request. Samples were reviewed and returned.
The product is described as “Stemless Wine Glass with Chocolate Candies”. The product consists of two boxes of Dove Chocolate and two stemless wine glasses. The stemless wine glasses are 4.3" in height and a top diameter of 2 ¾" and holds 15.66 oz. The glasses will have a printed corrugated box of Chocolate Dove Promises which for packaging purpose will sit on top of the glasses. They will be packaged in a corrugated box which has a clear acetate lid with a printed label, the product is not a set since the components are not put up together to meet a particular need or carry out a specific activity. Each item will be separately classified in its appropriate heading.
The Chocolate Dove Promises will be eligible for entry as American Goods Returned, provided the documentary requirements of 19 C.F.R. § 10.1 are satisfied. The applicable subheading will be 9801.00.1098, HTSUS, which provides for “Products of the United States when returned after being exported…without having been advanced in value or improved in condition by any process of manufacture or other means while abroad…Other…Other.” Products classified in subheading 9801.00.1098, HTSUS, are free of duty.
The applicable subheading for the stemless wine glasses will be 7013.37.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes (other than that of heading 7010 or 7018): Other drinking glasses, other than of glass-ceramics: Other: Valued over $0.30 but not over $3 each. The general rate of duty will be 22.5 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 https://hts.usitc.gov/current.
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,
Steven A. Mack
Director
National Commodity Specialist Division