The tariff classification of chocolate coated peanuts from Colombia

N238226 March 1, 2013 CLA-2-18:OT:RR:NC:232 CATEGORY: Classification TARIFF NO.: 1806.90.9011 Mr. Gustavo Llano Dominguez Manitoba LTDA Cali Valle Del Cauca 579986 Colombia RE: The tariff classification of chocolate coated peanuts from Colombia Dear Mr. Dominguez: In your letter dated February 6, 2013, 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 described as chocolate coated peanuts. They are composed of milk chocolate, dairy solids, cocoa powder, emulsifiers, artificial flavoring, peanuts, wheat flour, glucose, sugar, superfine talc and gum Arabic. The country of origin for the chocolate coated peanuts is Colombia. They will be put up for retail sale in 50 gram bags upon importation into the United States. The applicable subheading for the chocolate coated peanuts will be 1806.90.9011, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Chocolate and other food preparations containing cocoa…other…other…other…Confectionery: containing peanuts or peanut product. The rate of duty will be 6 percent ad valorem. Articles classifiable under subheading 1806.90.9011, HTSUS, which are products of Colombia, may be entitled to duty-free treatment under the United States - Colombia Trade Promotion Agreement Implementation Act (CO) upon compliance with all applicable regulations. The CO is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on CO, check our Web site at www.cbp.gov and search for the term "CO".  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