The tariff classification of Royce brand Nama Chocolate Bitter (item # 12093) from Japan

N232566 September 12, 2012 CLA-2-18:OT:RR:NC:232 CATEGORY: Classification TARIFF NO.: 1806.90.9019 Ms. Darlene Miniaci Carmichael International Service 20 W. Lincoln Ave., Suite 300 Valley Stream, NY 11580 RE: The tariff classification of Royce brand Nama Chocolate Bitter (item # 12093) from Japan Dear Ms. Miniaci: In your letter dated August 15, 2012 you requested a tariff classification ruling. Ingredient breakdowns and samples were submitted along with your request. Samples were examined and disposed of. The subject merchandise is Royce brand Nama Chocolate Bitter (item # 12093). The product is described as a 4 inch square scored block of chocolate flavored with Brandy, wrapped in a plastic tray and again in a cardboard box (net weight of 4.4 ounces). It is a product of Japan and is packaged for retail sale. Royce brand Nama Chocolate Bitter (item# 12093) is said to contain 27.8 percent sugar, 26.3 fresh cream, 25.7 percent chocolate liquor, 8.4 percent cocoa butter, 5.2 percent Brandy, 3.4 percent whole milk powder, 2.9 percent cocoa powder, 0.29 percent emulsifier, and 0.01 percent flavor. The applicable subheading for the Royce brand Nama Chocolate Bitter (item # 12093) will be 1806.90.9019, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Chocolate and other food preparations containing cocoa: Other: Other: Other. The 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