The tariff classification of Chocolate Dark Blossoms Item Number CHD-BS-00595-999 from Netherlands

N212080 April 27, 2012 CLA-2-18:OT:RR:NC:232 CATEGORY: Classification TARIFF NO.: 1806.90.9090 Mr. Rene Ramirez Barry Callebaut 2950 Rue Nelson St. Hyacinthe, Quebec Canada J2S 1Y7 RE: The tariff classification of Chocolate Dark Blossoms Item Number CHD-BS-00595-999 from Netherlands Dear Mr. Ramirez: In your letter dated March 19, 2012, you requested a classification ruling. Ingredient breakdown and an image of the product were submitted with your letter. The subject merchandise is described as Chocolate Dark Blossoms (item number CHD-BS-00595-999) from the Netherlands. It is said to contain 49.5 percent sugar, 44.0 percent cocoa mass, 6.0 percent cocoa butter and less than one percent of the following: natural vanilla flavoring and soya lecithin. The chocolate is in “shaving” form, shipped in 4 kilogram cardboard boxes. The product will be sold to the baking industry and is to be used for decoration on pastries and cakes. The applicable subheading for the Chocolate Dark Blossoms (item number CHD-BS-00595-999) will be 1806.90.9090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Chocolate and other food preparations containing cocoa…Other…Other…Other. The general 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