NY 887973 - The tariff classification of chocolate confectionery from Belgium. - United States International Trade Commision Rulings

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NY 887973

July 8, 1993

CLA-2-18:S:N:N7:232-887973

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.32.4094; 1806.90.0063

Mr. Radovan Aksentijevich
Royal Belge, Inc.
5719 Beech Avenue
Bethesda, Maryland 20817

RE: The tariff classification of chocolate confectionery from Belgium.

Dear Mr. Aksentijevich:

In your letter dated June 27, 1993 you requested a tariff classification ruling. It is noted that this is a follow-up to your initial request dated November 2, 1993.

Samples were included with your request. The products include a 100 gram bar labelled "Vanparys" with an ingredient listing of 67.2 percent cocoa paste, 19.7 percent sugar, 12.7 percent cocoa powder and the balance soya lecithin. A wooden box of chocolate pralines is also labelled "Vanparys" with an ingredient listing of chocolate (sugar, cocoa mass, cocoa butter, soya lecithin), sugar, full cream powdered milk, and one or more of the following: almonds, hazelnuts, walnuts, butter, fresh cream, orange peel, coffee, natural flavoring. The pralines may also be imported in acetate boxes and in ballotins. Topsy Turvy are chocolate squares wrapped in foil and packaged in a 200 gram cardboard box. The box is labelled "Charlemagne" and the ingredients include sugar, cocoa mass, cocoa butter, natural flavors, lecithin and vanillin.

The applicable subheading for the 100 gram chocolate bar will be 1806.32.4094, Harmonized Tariff Schedule of the United States (HTS), which provides for chocolate and other food preparations containing cocoa: other, in blocks, slabs or bars...other...other: confectionery. The duty rate will be 7 percent ad valorem.

The applicable subheading for the chocolate pralines will be 1806.90.0063, Harmonized Tariff Schedule of the United States (HTS), which provides for chocolate and other food preparations containing cocoa: other...other: put up for retail sale: confectionery. The duty rate will be 7 percent ad valorem. Currently, there are no quota restrictions on these products.

Your inquiry does not provide enough information for us to give a classification ruling on Topsy Turvy. Your request for a classification ruling should include the percentage by weight of all ingredients in the product.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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