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NY B83564




April 15, 1997

CLA-2-17:RR:NC:SP:232 B83564

CATEGORY: CLASSIFICATION

TARIFF NO.: 1704.90.3505; 9503.49.0020

Mr. Ron Grattini
Children's Marketing Partners
Peninsula Pointe, Suite 255
Rolling Hills Estates, CA 90274

RE: The tariff classification of Candy Novelties from China.

Dear Mr. Grattini:

In your letter received March 21, 1997, on behalf of World Toy Alliance, you requested a tariff classification ruling.

You submitted samples with your request. The merchandise in question is several types of children's novelties incorporating sugar or sugar-based shapes. The first item is a "Powder Candy Jewelry Kit" which consists of a hollow plastic form suspended from a plastic string, a small plastic funnel, and six packets of candy powder of varying colors, all attached to a sheet of cardboard. The candy powder is said to consist of 99.8 percent sugar, with traces of malic acid, flavors and colors. The purpose of the kit is so the purchaser can use the colors of candy powder to fill the plastic form, much as is the practice in decorating with colored sand, and create a necklace that is decorative and yet edible, reusable and changeable.

The second item is a "Hard Candy Jewelry Kit" which is a kit containing various colors of hard candy beads and larger stamped shapes, all suitable for threading upon the enclosed plastic string to make necklaces or bracelets. These parts are packed in a cardboard box containing a compartmentalized plastic tray which separates the various shapes and colors. The candy is said to contain sugar, dextrose, malto-dextrine, malic acid, magnesium stearate, flavors and colors.

The third item is "Bloodsuckers", a 1 3/4 inch long molded hard candy head mounted upon a squeezable 3 1/2x1 inch cylinder containing a candy gel. The consumer compresses the tube to force the gel up and out through the eyeholes of the candy head. The candy head is said to consist of sugar, malto-dextrine, malic acid, magnesium stearate, flavors and colors. The gel is stated to contain sugar, water, gelatin, glycerine, citric acid, flavors and colors.

The fourth item is "Box of Bones", a transparent, colored plastic coffin, with dimensions of 4x2x1 inch, and detailed with embossed skeleton figures on the base and lid. It is filled with pastel colored candies stamped into the shapes of various bones. The bones are said to consist of sugar, malto-dextrine, magnesium stearate, malic acid, and colors.

The fifth item is a 3 inch tall flocked plastic figure of a bear filled with hard glazed sugary pellets. The candy is visible through a clear plastic insert in the bear's stomach and retrievable by removing a plug from the bear's base. The candy pellets are said to contain sugar dextrose, malto-dextrine, magnesium stearate, malic acid, and colors.

The applicable subheading for the "Powder Candy Jewelry Kit", the "Hard Candy Jewelry Kit", the "Bloodsuckers", the "Box of Bones" and the candy pellets inside the plastic bear figure will be 1704.90.3505, 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: Other...Put up for retail sale. The rate of duty will be 6.3 percent ad valorem.

The applicable subheading for the plastic bear will be 9503.49.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for Other toys: toys representing animals or non-human creatures and parts and accessories thereof: Other...Toys not having a spring mechanism: Other. The rate of duty will be free.

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 Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this 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,

Gwenn Klein Kirschner

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