The tariff classification of Royce brand confectionaries from Japan

N234170 November 8, 2012 CLA-2-18:OT:RR:NC:232 CATEGORY: Classification TARIFF NO.: 1806.32.9000 Ms. Darlene Miniaci Carmichael International Service 20 W. Lincoln Ave., Suite 300 Valley Stream, N.Y. 11580 RE: The tariff classification of Royce brand confectionaries from Japan Dear Ms. Miniaci: In your letter dated October 11, 2012 you requested a tariff classification ruling. You submitted product samples and descriptive literature with your request. Samples were reviewed and disposed of. The subject merchandise consists of Royce brand Nutty Bar Chocolate and Fruit Bar Chocolate assortment (item # 6087). The candies are 20 individually wrapped, 4 inch long, ½ inch wide sized bars (ten bars are Nutty Bar Chocolate and ten bars are Fruit Bar Chocolate). The candies are products of Japan and are packaged for retail sale in decorative 12.4 ounce gift boxes. Royce Nutty Bar Chocolate is said to contain 21.7 percent sugar, 19.0 percent cookie, 17.2 percent cocoa butter, 11.4 percent almond puff, 10.8 percent whole milk powder, 6.6 percent chocolate liquor, 5.9 percent almond, 3.6 percent hazelnut paste, 1.6 percent almond paste, and less than one percent of the following: macadamia nut, cashew nut, pecan nut, emulsifier, baking agent, and flavor. Royce brand Fruit Bar Chocolate is said to contain 29.7 percent cocoa butter, 19.2 percent sugar, 17 percent almond puff, 6.9 percent whole milk powder, 6.8 percent skim milk powder, 6.8 percent dried cranberry, 6.8 percent dried mango, 2.8 percent lactose, 1.5 percent strawberry powder, 1.4 percent dried strawberry, and less than one percent of the following: condensed milk powder, emulsifier, baking agent, food colorant and flavor. The applicable subheading for Royce Nutty Bar Chocolate & Fruit Bar (item # 6087) 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 telephone number (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