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NY I81876

June 3, 2002

CLA-2-18:RR:NC:2:228 I81876


TARIFF NO.: 1806.90.9090, 1905.90.1090, 2106.90.9997, 4908.90.0000, 9503.49.0000

Mr. Thomas J. Garibaldi
Schmidt, Pritchard & Co., Inc.
9801 West Lawrence Avenue
Schiller Park, IL 60176

RE: The tariff classification of Yam Yam Choco Sticks with a plastic toy or a tattoo from Egypt.

Dear Mr.Garibaldi:

In your letter dated May 6, 2002,on behalf of Ziyad Bros., Chicago, Illinois, you requested a tariff classification ruling.

Samples submitted with your letter were examined and disposed of. Chocolate, strawberry, and vanilla flavored Yam Yam Choco Sticks consist of bread sticks, a flavored confectionery cream, and a surprise gift, put up for retail sale in a tapered container with a peel-back lid. A molded plastic internal compartment affixed to the top edge of the container holds the confectionery cream. The surprise gift, in a clear plastic bag, is placed in the container’s larger chamber, alongside the breadsticks. The breadsticks are made from wheat flour, vegetable oils, yeast, and salt. The confectionery cream is made from sugar, vegetable oils, skim milk powder, soya lecithin, and vanilla. Depending upon flavor the cream may contain cocoa powder, hazelnut paste, coloring, and citric acid. The surprise may be either an unassembled plastic toy or a non-permanent tattoo.

The applicable subheading for the chocolate flavor cream will be 1806.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for chocolate and other food preparations containing cocoaotherother. The rate of duty will be 6 percent ad valorem.

The applicable subheading for the bread sticks will be 1905.90.1090, HTS, which provides for bread, pastry, cakes, biscuits and other bakers’ wares, whether or not containing cocoaotherbread, pastry cakes, biscuits and similar baked productswhether or not containing chocolate, fruit, nuts or confectioneryother other. The rate of duty will be free.

The applicable subheading for the vanilla and strawberry flavor cream will be 2106.90.9997, HTS, which provides for food preparations not elsewhere specified or includedotherother othercontaining sugar derived from sugar cane and/or sugar beets. The rate of duty will be 6.4 percent ad valorem.

The applicable subheading for the non-permanent tattoo will be 4908.90.0000, HTS, which provides for transfers (decalcomanias) other. The rate of duty will be 3.1 cents per kilogram.

The applicable subheading for the unassembled toy will be 9503.49.0000, HTS, which provides for toys representing animals or non-human creaturesand parts and accessories thereofother. The rate of duty will be free.

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 Stanley Hopard at 646-733-3029.


Robert B. Swierupski

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