E89183 E8 Ruling Active

The tariff classification of Nestle Milky Bar from Australia

Issued November 8, 1999 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 1806.32.9000

Headings: 1806

Product description

You submitted samples with your request. The merchandise in question is “Nestle Milky Bar”, milk and cookies flavor. This is a retail packaged 50 gram speckled white confectionery bar, which the label states consists of a base of sugar, milk powder, vegetable fat, lecithin, and flavor, into which is mixed a cookie portion which is described as containing wheat flour, sugar, vegetable fat, cocoa, starch, non-fat milk solids, cocoa liquor, and salt.

CBP rationale

The applicable subheading for the Nestle Milky Bar will be 1806.32.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for Chocolate and other food preparations containing cocoa: Other, in blocks, slabs or bars: Not filled: Other: Other.

Full text

NY E89183 November 8, 1999 CLA-2-18:RR:NC:SP:232 E89183 CATEGORY: Classification TARIFF NO.: 1806.32.9000 Ms. Maureen Spektor Bell Liberty Richter 400 Lyster Avenue Saddle Brook, NJ 07663-5910 RE: The tariff classification of Nestle Milky Bar from Australia Dear Ms. Spektor Bell: In your letter dated October 11, 1999, you requested a tariff classification ruling. You submitted samples with your request. The merchandise in question is “Nestle Milky Bar”, milk and cookies flavor. This is a retail packaged 50 gram speckled white confectionery bar, which the label states consists of a base of sugar, milk powder, vegetable fat, lecithin, and flavor, into which is mixed a cookie portion which is described as containing wheat flour, sugar, vegetable fat, cocoa, starch, non-fat milk solids, cocoa liquor, and salt. The applicable subheading for the Nestle Milky Bar will be 1806.32.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for Chocolate and other food preparations containing cocoa: Other, in blocks, slabs or bars: Not filled: Other: Other. The rate of duty will be 6.2 percent ad valorem. Additional requirements may be imposed on this product by the Food and Drug Administration. You may contact the FDA at:Error! Bookmark not defined. Food and Drug Administration Guidelines and Regulations Branch HFF 314, 200 C Street, SW Washington, D.C. 20204 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 John Maria at (212) 637-7059. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division

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