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NY 811107




June 15, 1995

CLA-2-17:S:N:N7:232 811107

CATEGORY: CLASSIFICATION

TARIFF NO.: 1704.90.2005; 2106.90.9985

Mr. Billie L. McClintock
L & I Imports
P.O. Box 994
Somerset, PA 15501

RE: The tariff classification of various confectionery products from Hungary.

Dear Mr. McClintock:

In your letter dated May 24, 1995 you requested a tariff classification ruling.

Samples were submitted with your request. Samples and information were submitted with your initial request dated March 23, 1995. The subject merchandise includes confectionery packaged for retail sale and labeled "Euka-Menta", "Citrom- Narancs", "Foldieper", "Marosi Malna", and "Cumi-Bumi". The "Citrom-Narancs", "Foldieper" and "Marosi Malna" are said to contain sugar, glucose syrup, citric acid, flavoring, and artificial color. The "Euka-Menta" are said to contain sugar, glucose syrup, oil of eucalyptus and peppermint, and artificial colors. The "Cumi-Bumi" are sugar-free confections shaped like a baby pacifier with a plastic ring supporting the edible material. They are said to consist of sorbitol, magnesium stearate, citric acid, and flavoring.

The applicable subheading for the "Euka-Menta", "Citrom- Narancs", "Foldieper", and "Marosi Malna", will be 1704.90.2005, Harmonized Tariff Schedule of the United States (HTS), which provides for sugar confectionery (including white chocolate), not containing cocoa...other: confections or sweetmeats ready for consumption...other...put up for retail sale. The rate of duty will be 6.8 percent ad valorem.

The applicable subheading for the "Cumi-Bumi" will be 2106.90.9985, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or included: other... other...other: confectionery (including gum) containing synthetic sweetening agents (e.g.,
saccharin) instead of sugar. The rate of duty will be 9.4 percent ad valorem.

Articles classifiable under subheading 1704.90.2005 and 2106.90.9985, HTS, which are products of Hungary are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

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.

Additional requirements may be imposed on this product 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

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport

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