The tariff classification of Gianduja Milk Chocolate andBittersweet Chocolate Batons from France.

NY 890597 September 29, 1993 CLA-2-18:S:N:N7:232-890597 CATEGORY: Classification TARIFF NO.: 1806.20.8095; 1806.32.2098 Ms. Mona M. Lind Ambrosia Chocolate 12500 West Carmen Avenue Milwaukee, WI 53225-6199 RE: The tariff classification of Gianduja Milk Chocolate and Bittersweet Chocolate Batons from France. Dear Ms. Lind: In your letter dated September 20, 1993 you requested a tariff classification ruling. Information was submitted with your initial requests dated August 11, 1993. Gianduja Milk Chocolate is stated to contain 41.590 percent sugar, 11.080 percent milk (26%) powder, 0.929 percent milk (0%) powder, 4.000 percent whey powder, 0.500 percent lecithin, 25.000 percent hazelnuts, 0.010 percent vanilla, 8.000 percent cocoa butter and 8.900 percent cocoa paste. This product will be imported in 5.5 pound bars and will be used by restaurants, bakeries etc. as a filling, confection center, or as a flavor in creams and mousse. Bittersweet Chocolate Batons are 3 1/8 inches by 1/2 inch chocolate sticks which are stated to contain 55.200 percent sugar, 0.600 percent lecithin, 0.015 percent vanillin, 1.325 percent cocoa butter and 42.860 percent cocoa paste. They will be packaged in 3.5 pound boxes with 300 sticks or batons per box. The product will be used by restaurants, bakeries etc. in croissants, tarts or as garnishment. The applicable subheading for the Gianduja Milk Chocolate will be 1806.20.8095, Harmonized Tariff Schedule of the United States (HTS), which provides for chocolate and other food preparations containing cocoa: other preparations in blocks or slabs weighing more than 2 kg or in liquid, paste, powder, granular or other bulk form in containers or immediate packings, of a content exceeding 2 kg...other...other...other. The rate of duty will be 10 percent ad valorem. The applicable subheading for the Bittersweet Chocolate Batons will be 1806.32.2098, Harmonized Tariff Schedules of the United States (HTS), which provides for chocolate and other food preparations containing cocoa: other, in blocks, slabs or bars...not filled: preparations consisting wholly of ground cocoa beans, with or without added cocoa fat, flavoring or emulsifying agents, and containing not more than 32 percent by weight of butterfat or other milk solids and not more than 60 percent by weight of sugar...other...other. The rate of duty will be 5 percent ad valorem. This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177). A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction. Sincerely, Jean F. Maguire Area Director New York Seaport