CLA-2-18:OT:RR:NC:232

Ms. Norma M. Sanchez
Nutri Caribe, Inc.
P.O. Box 360853
San Juan, Puerto Rico
00936

RE: The tariff classification of “Sweet Chocolate Bar” from the Dominican Republic

Dear Ms. Sanchez:

In your letter dated September 22, 2010, you requested a classification ruling. Ingredient breakdowns accompanied your letter. The merchandise, “Sweet Chocolate Bar” is said to contain 63.85 percent sugar, 33.96 percent chocolate liquor, 1.56 percent cocoa butter, 0.40 percent lecithin, 0.18 percent salt and 0.05 percent vanillin. The subject merchandise is packaged for retail sale in a 7 ounce bar, 120 bars to a master carton. The product will be used to prepare a hot beverage by dissolving it in hot milk.

The applicable subheading for the “Sweet Chocolate Bar” 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 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 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,

Robert B. Swierupski
Director
National Commodity Specialist Division