CLA-2-18:RR:NC:SP:232 D83953
Ms. Stacy Randel
R & R Imports
1933 Commonwealth Avenue, Room 507
Brighton, MA 02135
RE: The tariff classification of Alcohol-filled Chocolates from
Germany.
Dear Ms. Randel:
In your letter dated October 19, 1998, you requested a tariff
classification ruling.
You submitted descriptive literature and samples with your
request. The subject merchandise is four varieties of liquor-filled chocolates that will be imported in retail packages. The
first product is "Mauxion Fin Gourmet Fruit Spirits", a 250 gram
box containing twenty pieces of candy; five each of four different
types. The candies have a schnapps filling (either plum,
raspberry, cherry or pear) in a thin sugar coating and then coated
with either milk or dark chocolate and hazelnut splinters. They
are said to consist of 50.81 percent sugar, 15 percent hazelnuts,
12.85 percent cocoa mass, 8.75 percent spirits, 4.53 percent cocoa
butter, 2.92 percent skimmed milk powder, 2.01 percent whole milk
powder, 1.66 percent butterfat, 1.24 percent lactose, and traces of
lecithin and flavors.
The second item is "Mauxion Fin Gourmet Vodka", a 200 gram box
containing sixteen pieces of candy; four each of four different
types. Each type has a vodka filling (either cranberry, cherry,
lemon or orange)in a thin sugar coating and then coated with either
milk or dark chocolate and hazelnut splinters and rice crisps.
They are said to consist of 53.33 percent sugar, 12.66 percent
cocoa mass, 9.71 percent spirits, 6 percent hazelnuts, 6 percent
rice crisps, 4.46 percent cocoa butter, 2.87 percent skimmed milk
powder, 1.97 percent whole milk powder, 1.49 percent butterfat,
1.21 percent lactose, and traces of lecithin and flavors.
The third product is "Edle Tropfen in Nuss" a 250 gram box
containing twenty pieces of candy; five each of four different
types. The candies have a liqueur filling (either peach, apricot,
cherry or cassis) in a thin sugar coating and then coated with
either milk or dark chocolate and hazelnut splinters. They are
said to contain 50.81 percent sugar, 15 percent hazelnuts, 12.85
percent cocoa mass, 8.73 percent spirits, 4.54 percent cocoa
butter, 2.92 percent skimmed milk powder, 2.01 percent whole milk
powder, 1.66 percent butterfat, 1.23 percent lactose, and traces of
lecithin and flavors.
The last item is "Mauxion Cherry Liqueur", a 175 gram box
containing fourteen dark chocolate covered cherries. Two of these
are wrapped in red foil. The ingredients are said to be 25.37
percent sugar, 25.14 percent cocoa mass, 24.24 percent glucose
syrup, 17.76 percent cherries in brandy, 7.07 percent cocoa butter,
and traces of lactose, lecithin and flavors.
The applicable subheading for the "Mauxion Fin Gourmet Fruit
Spirits", the "Mauxion Fin Gourmet Vodka", the "Edle Tropfen in
Nuss" and the "Mauxion Cherry Liqueur" 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 6.3 percent ad valorem.
Additional admissibility and labeling requirements may be
imposed on all these products by the Food and Drug Administration.
You may contact the FDA at:
Food and Drug Administration
Guidelines and Regulations Branch
HFF 314, 200 C Street, S.W.
Washington, D.C. 20204
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.
This ruling is being issued under the provisions of Part 177
of the Customs Regulations (19 C.F.R. 177).
A copy of this 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 212-466-5730.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division