In Ruling NY N303063, Customs and Border Protection (CBP) reviewed the classification of OREO Cookies & Cream Candy Bar. Ingredients include palm oil, cocoa butter, sweet whey powder, wheat flour, skim milk powder, anhydrous milk fat, palm oil, cocoa, glucose-fructose syrup, wheat starch, soy lecithin, sodium chloride, potassium hydrogen carbonate, ammonium hydrogen carbonate, vanillin, sunflower lecithin. It is available in a king-size variety, with two bars packaged in plastic film with a net weight of 2.88 oz. (82g). It is also available in standard size with a net weight of 1.44 oz. (41g).

CBP ruled that the applicable subheading for the item in question is 1806.31.0049 HTSUS, which provides for Chocolate and other food preparations containing cocoa: Other, in blocks, slabs or bars: Filled: Other. The rate of duty is 5.6% ad valorem.

This HTSUS code 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).

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Photo of Frances P. Hadfield Frances P. Hadfield

Frances P. Hadfield is a counsel in Crowell & Moring’s International Trade Group in the firm’s New York office. Her practice focuses on forced labor and withhold release orders (WRO), import regulatory compliance, and customs litigation. She regularly advises corporations on matters involving…

Frances P. Hadfield is a counsel in Crowell & Moring’s International Trade Group in the firm’s New York office. Her practice focuses on forced labor and withhold release orders (WRO), import regulatory compliance, and customs litigation. She regularly advises corporations on matters involving customs compliance, audits, customs enforcement, as well as import penalties.

Frances represents clients before the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit, as well as in proceedings at the administrative level. She advises corporations on both substantive federal and state regulatory issues that involve U.S. Customs and Border Protection, the Federal Trade Commission, Food and Drug Administration, and U.S. Fish & Wildlife in matters pertaining to product admissibility, audits, classification, import restrictions, investigations, marking, licenses, origin, penalties, and tariff preference programs.

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