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NY A83279




May 14, 1996

CLA-2-17:RR:NC:FC:232 A83279

CATEGORY: CLASSIFICATION

TARIFF NO.: 1704.90.3505

Ms. Eleanor M. O'Donnell
Hershey Foods Corporation
Corporate Headquarters
100 Crystal A Drive
P.O. Box 810
Hershey, Pennsylvania 17033-0810

RE: The tariff classification of "Tastetations" peppermint candy from Canada.

Dear Ms. O'Donnell:

In your letter dated April 24, 1996 you requested a tariff classification ruling.

Samples were submitted with your request. The subject merchandise is stated to contain sugar, high maltose corn syrup, color and flavor. The product will be individually wrapped and packaged for retail sale in 5 oz, 7 oz, 11 oz bags and in a 1.8 oz stick pack.

The applicable tariff provision for the "Tastetations" peppermint candy 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...put up for retail sale. The general rate of duty will be 6.5 percent ad valorem.

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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