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NY 816202




November 22, 1995
CLA-2-17:R:N2:232 816202

CATEGORY: CLASSIFICATION

TARIFF NO.: 1704.90.2005

Mr. Creighton R. Moeller
St. Moritz Chocolatier
270 Mason Street
Greenwich, CT 06830

RE: The tariff classification of Confectionery Bars from Mexico.

Dear Mr. Moeller:

In your letter dated October 25, 1995 you requested a tariff classification ruling.

You sent samples and descriptions of two types of bars: marshmallow/rice krispie and peanut. The marshmallow/rice krispie bar is said to consist of margarine, crisped rice, and marshmallow which are melted, mixed together, cooled, cut and wrapped. The peanut bar is said to contain peanuts, corn syrup, sugar, water, and salt cooked together, mixed, cooled, cut and wrapped.

The applicable tariff provision for the marshmallow/rice krispie bars and the peanut bars will be 1704.90.2005, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), 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 general rate of duty will be 6.8 percent ad valorem.

Articles classifiable under subheading 1704.90.2005, HTS, which are products of Mexico are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations, if the GSP is renewed. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 John Maria at 212-466-5730.

Sincerely,

Roger J. Silvestri
Director

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