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NY 811108




June 13, 1995

CLA-2-17:S:N:N7:232 811108

CATEGORY: CLASSIFICATION

TARIFF NO.: 1704.90.2005; 1806.90.9000

Mr. Billie L. McClintock
L & I Imports, Inc.
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 a product called "Santa Claus" which consists of individually wrapped, filled cherry bonbons containing sugar, glucose syrup, citric acid, flavor and color. This item is packaged for retail sale in a plastic bag labelled "Mikulas Cukor". Cherry Love, Golden Angel with Coconut, Golden Angel with Marzipan and Golden Angel with Raisin are all individually wrapped, chocolate covered confectionery with various fillings. The samples of chocolate confectionery were submitted in clear plastic bags with no labelling information.

The applicable subheading for the Santa Claus filled cherry bonbons 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 duty rate will be 6.8 percent ad valorem.

The applicable subheading for the Cherry Love, Golden Angel with Coconut, Golden Angel with Marzipan and Golden Angel with Raisin will be 1806.90.9000, HTS, which provides for chocolate and other food preparations containing cocoa...other...other ...other...other. The rate of duty will be 6.8 percent ad valorem.

Articles classifiable under subheadings 1704.90.2005 and 1806.90.9000, 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

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