CLA-2-18:OT:RR:NC:232
Ms. Tammy Flanders Hetrick
A.N. Deringer, Inc. 173 West Service Road Champlain, NY 12919
RE: The tariff classification of Semi-Sweet Chocolate Chips from Canada
Dear Ms. Hetrick:
In your letter dated September 18, 2020, on behalf of your client, Barry Callebaut USA LLC, you requested a tariff classification ruling.
The subject merchandise is described as Semi-Sweet Chocolate Chips. It is said to contain 51.0 percent Sugar, 41.5 percent Unsweetened Chocolate, 4.5% Dextrose, 3.0% Cocoa Butter and 1.0% Lecithin. You state that the product does not contain any milk solids. Semi-Sweet Chocolate Chips will be imported in boxes with a net weight of 50 pounds and used for further processing into final products or repacked for retail sale.
You state the possibility of the cross-contamination of milk in Semi-Sweet Chocolate Chips and whether it would affect the tariff classification of this product. However, despite the possibility of the cross-contamination of trace amounts of milk, we note that milk is not an ingredient used in this product.
The applicable subheading for the Semi-Sweet Chocolate Chips will be 1806.20.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Chocolate and other food preparations containing cocoa: Other preparations in blocks, slabs or bars, weighing more than 2 kg or in liquid, paste, powder, granular or other bulk form in containers or immediate packings, of a content exceeding 2 kg: 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: Other. The general rate of duty will be 4.3 percent ad valorem.
With regard to the labeling of the subject Semi-Sweet Chocolate Chips to include milk as an ingredient due to cross-contact at the production facility as a precaution for those who may have an allergic reaction, we suggest that you contact U.S. Food and Drug Administration (FDA) at:
U.S. Food and Drug Administration 10903 New Hampshire Avenue Silver Spring, MD 20993 1-888-INFO-FDA (1-888-463-6332)
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 the World Wide Web at https://hts.usitc.gov/current.
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 the 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 [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division