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NY J86208




July 7, 2003

CLA-2-18:RR:NC:SP:232 J86208

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.90.9019

Ms. Mia Hezi
PromoImport, Inc.
4344 Laurel Canyon Blvd., Suite 4
Studio City, CA 91604

RE: The tariff classification of Confectionery from Italy

Dear Ms. Hezi

In your letter received May 19, 2003, you requested a tariff classification ruling.

You submitted descriptive literature with your request. Sample items and a product catalog had been submitted earlier. The items covered by this ruling are various chocolate-based candies. The other, sugar-based, products in your merchandise assortment were the subjects of a previous ruling.

The subject merchandise consists of “Caffarel” brand chocolate candies that will be imported individually wrapped. The catalog shows that these can be personalized for use by hotels, restaurants, or as promotional items for corporations. The varieties discussed herein are: “Gianduia”, hazelnut milk chocolates; “Coccinelle”, milk chocolates; “Chicco”, dark chocolates; “Espresso”, chocolate coated coffee beans; “Napolitains”, bitter or milk chocolate squares.

The “Gianduia” candies are individually wrapped milk chocolates, 1¾ inches long, ¾ inch high, with a base of ½ inch and tapering to the top. When viewed from the side they have a triangular appearance. The confections have hazelnuts blended throughout them. The “Coccinelle” candies are small (1¼ inch long, ¾ inch wide) plain milk chocolates in a domed shape, that are each wrapped in foil that is decorated to resemble a ladybug. The “Chicco” are boxes of coffee bean shaped dark chocolates. The “Espresso” candies are described as chocolate coated coffee beans. The “Napolitains” are thin, individually wrapped, 1 ½ inch squares of either milk or dark chocolate.

The applicable subheading for the “Gianduia”, the “Coccinelle”, the “Chicco”, and the “Espresso” candies will be 1806.90.9019, Harmonized Tariff Schedule of the United States (HTS), which provides for Chocolate and other food preparations containing cocoa: Other: Other: Other...Confectionery: Other. The rate of duty will be 6 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the “Napolitains”. Your request for a classification ruling should include a breakdown of component materials by weight and percentage of ingredients for both varieties of the chocolate squares. List the ingredients for each product separately. Do the bars contain cocoa liquor, cocoa powder, or some mixture of both? Also, what is the percent by weight of any milk solids in the squares? How much sugar is in each item? When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (19 CFR Part 134). The samples you have submitted do not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs Import Specialist at the proposed port of entry.

The Food and Drug Administration may impose additional requirements on these products. You may contact the FDA at:

Food and Drug Administration
Division of Import Operations and Policy
5600 Fishers Lane
Rockville, Maryland 20857
Telephone: (301) 443-6553

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 (646) 733-3031.

Sincerely,

Robert B. Swierupski
Director,

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