The tariff classification of Toblerone Chocolate Candy from Switzerland

N224557 August 3, 2012 CLA-2-18:OT:RR:NC:232 CATEGORY: Classification TARIFF NO.: 1806.32.9000 Mr. Eugene T. Tierney Kraft Foods Global, Inc. 910 Mayer Avenue Madison, WI 53704 RE: The tariff classification of Toblerone Chocolate Candy from Switzerland Dear Mr. Tierney: In your letter dated July 5, 2012, on behalf of Kraft Foods Global, Inc., you requested a tariff classification ruling. You submitted an ingredient breakdown and samples. The samples were examined and disposed of. The subject merchandise consists of two varieties of Toblerone Chocolate candy bars. Toblerone Swiss Milk Chocolate with Honey and Almond Nougat is a solid milk chocolate bar with almond pieces embedded within. Toblerone Swiss Dark Chocolate with Honey and Almond is a solid dark chocolate bar with almond pieces embedded within. Both products are rectangular in shape with a flat bottom and a triangular/prismatic shaped top. Toblerone Swiss Milk Chocolate with Honey & Almond Nougat is said to contain 50-60 percent sugar, 13-17 percent whole milk powder, 10-18 percent cocoa butter, 8-15 percent cocoa mass, 2-4 percent honey, 2-4 percent milkfat, 1-3 percent almonds and less than 3 percent of the following ingredients: soya lecithin, egg whites and vanillin flavoring. Toblerone Swiss Dark Chocolate with Honey & Almond Nougat is said to contain 45-55 percent cocoa mass, 40-55 percent sugar, 1-5 percent milkfat, 2-4 percent honey, 1-3 percent almonds, and less than 3 percent of the following ingredients: cocoa butter, soya lecithin and egg whites. Both varieties of the Toblerone Chocolate candy bars come in three sizes: 3.52 oz. (100g), 1.2 oz. (35g), and “Minis” 7.05 oz bag (200g) containing 15 individually wrapped bars that weigh approximately 12.5 grams each. The applicable subheading for the Toblerone Swiss Milk Chocolate with Honey & Almond Nougat and Toblerone Swiss Dark Chocolate with Honey & Almond Nougat will be 1806.32.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Chocolate and other food preparations containing cocoa: Other, in blocks, slabs or bars: Not filled: 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