United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2000 NY Rulings > NY G82723 - NY G82777 > NY G82766

Previous Ruling Next Ruling
NY G82766




October 26, 2000

CLA-2-18:RR:NC:SP:232 G82766

CATEGORY: CLASSIFICATION

TARIFF NO.: 1704.90.3550; 1806.32.3000; 1806.32.9000

Ms. Ellen A. DiLapi
Grunfeld, Desiderio, Lebowitz & Silverman LLP 245 Park Avenue, 33rd Floor
New York, NY 10167-3397

RE: The tariff classification of Confectionery from France

Dear Ms. DiLapi

In your letter dated September 29, 2000, on behalf of ZChocolat.com, you requested a tariff classification ruling.

You submitted product samples and descriptive literature with your request. The subject merchandise is four varieties of “Weiss” brand 100-gram confections. They are shaped so as to be easily broken into sixteen squares, and will be imported foil and paper wrapped in 3 inch wide by 6 ½ inch long bars for retail sale. The first item, the “Chocolat Au Lait Entier et la Creme” milk chocolate bar, is said to contain 42.4 percent sugar, 25.3 percent cocoa butter, 20.2 percent whole milk powder, 11.9 percent cocoa paste, and traces of vanilla and lecithin. The second item, “Chocolat Fraicheur Fruits Rouges”, is a white chocolate bar that is said to consist of 38.9 percent sugar, 29.2 percent milk powder, 24.3 percent cocoa butter, 2.8 percent raspberry, 2.8 percent cherry, 1.8 percent strawberry, and traces of lemon flavor, vanilla, and lecithin. The third item, the “Chocolat Mendiant” chocolate bar, is said to contain 42.1 percent cocoa paste, 27.1 percent sugar, 9.3 percent raisins, 6.5 percent cocoa butter, 5.2 percent almonds, 5.2 percent hazelnuts, 4.5 percent pistachio nuts, and traces of vanilla and lecithin. The last item, “Chocolat Lait Aux Noisettes”, is a milk chocolate bar that is said to contain 35.3 percent sugar, 22.5
percent cocoa butter, 16.9 percent whole milk powder, 15.2 percent hazelnuts, 9.9 percent cocoa paste, and traces of vanilla and lecithin.

The applicable subheading for the “Chocolat Fraicheur Fruits Rouges” will be 1704.90.3550, Harmonized Tariff Schedule of the United States (HTS), which provides for Sugar confectionery (including white chocolate), not containing cocoa: Other: Confections or sweetmeats ready for consumption: Other: OtherPut up for retail sale: Other. The rate of duty will be 5.6 percent ad valorem.

The applicable subheading for the “Chocolat Au Lait Entier et la Creme” will be 1806.32.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for Chocolate and other food preparations containing cocoa: Other, in blocks, slabs or bars: Not filled: Preparations consisting wholly of ground cocoa beans, with or without added cocoa fat, flavoring or emulsifying agents, and containing not more than 32 percent by weight of butterfat or other milk solids and not more than 60 percent by weight of sugar: Other. The rate of duty will be 4.3 percent ad valorem.

The applicable subheading for the “Chocolat Mendiant” and the “Chocolat Lait Aux Noisettes” bars will be 1806.32.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for Chocolate and other food preparations containing cocoa: Other, in blocks, slabs or bars: Not filled: Other: Other. The rate of duty will be 6 percent ad valorem.

Additional requirements may be imposed on these products by the Food and Drug Administration. You may contact the FDA at:

Food and Drug Administration
Implementation and Compliance Branch
HFF 314, 200 C Street, SW
Washington, D.C. 20204
(202) 205-5321

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 John Maria at (212) 637-7059.

Sincerely,

Robert B. Swierupski
Director,

Previous Ruling Next Ruling

See also: