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NY A82210




April 11, 1996

CLA-2-17:RR:NC:FC:232 A82210

CATEGORY: CLASSIFICATION

TARIFF NO.: 1704.90.3505; 1806.90.9010

Mr. Stephen B. Keeney
Cap Toys Inc.
26201 Richmond Road
Bedford Hts., Ohio 44146-1439

RE: The tariff classification of "Ooozy Pops" from Mexico.

Dear Mr. Keeney:

In your letter dated April 4, 1996 you requested a tariff classification ruling.

Samples and descriptive information were included with your request. The subject merchandise consists of a hollow plastic tube which holds 0.9 ounces of liquid candy syrup or sauce. A 0.71 ounce lollipop with a hole in the center is attached to the top of the tube. A plastic plug acts as a cap at the top of the lollipop. The product is consumed by removing the plastic cap from the lollipop and turning a screw device at the bottom of the plastic tube to force the candy syrup or sauce through the center of the lollipop. The merchandise will be imported in four flavor combinations: apple/caramel, cherry/blueberry, chocolate/marsh-mallow and watermelon/strawberry. The ingredients are shown on copies of product labels. The various flavors of "Ooozy Pops" contain corn syrup, sugar, fructose, gum base, colors, flavors and small quantities of various other ingredients. The flavor combination of chocolate/marshmallow also contains cocoa. Each pop will be packaged in a heat sealed clear poly bag. The merchandise will be imported in 24 pack displays with 6 pops of each flavor combination.

The applicable tariff provision for the "Ooozy Pops" in the flavor combinations of apple/caramel, cherry/blueberry and watermelon/strawberry will be 1704.90.3505, 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...other...put up for retail sale. The general rate of duty will be 6.5 percent ad valorem.

The applicable tariff provision for the "Ooozy Pop" in the chocolate/marshmallow flavor combination will be 1806.90.9010, HTS, which provides for chocolate and other food preparations containing cocoa: other...other...other...other...confectionery. The general rate of duty will be 6.7 percent ad valorem.

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 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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