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NY C84681




March 10, 1998

CLA-2-17:RR:NC:SP:232 C84681

CATEGORY: CLASSIFICATION

TARIFF NO.: 1704.10.0000

Mr. Harold A. Jones
LifeSavers Company
4 Gatehall Drive
P.O. Box 312
Parsippany, NJ 07054-0312

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of Fruit Stripe Gum and Fruit Stripe Bubble Gum from Mexico; Article 509

Dear Mr. Jones:

In your letter dated February 11, 1998 you requested a ruling on the status of Fruit Stripe Gum and Fruit Stripe Bubble Gum from Mexico under the NAFTA.

Information was submitted with your initial request dated December 23, 1998. The subject merchandise consists of Fruit Stripe Gum and Fruit Stripe Bubble Gum. Fruit Stripe Gum is stated to contain sugar, gum base, corn syrup, natural and artificial flavors, malic acids, artificial colors and cornstarch. This gum will be produced in cherry, orange, lemon, peach smash, and wet & wild watermelon flavors. Fruit Stripe Bubble Gum is stated to contain sugar, gum base, maltodextrin, sorbitol, natural and artificial flavors and artificial colors. This gum will be produced in cherry, grape, mixed fruit, lemon, and cotton candy flavors. Both gums will be imported in 5 stick and 17 stick multi-flavor packs. You indicate that all of the ingredients used to produce the gums are products of the United States or Puerto Rico. The ingredients will be shipped to Mexico, where the gums will be produced and exported to the United States.

The applicable tariff provision for the Fruit Stripe Gum and Fruit Stripe Bubble Gum will be 1704.10.0000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for Sugar confectionery (including white chocolate), not containing cocoa: Chewing gum, whether or not sugar-coated. The general rate of duty will be 4.3 percent ad valorem.

The Fruit Stripe Gum and Fruit Stripe Bubble Gum, being wholly obtained or produced entirely in the territory of the United States and Mexico, will meet the requirements of HTSUSA General Note 12(b)(i), and will therefore be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

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,

Robert B. Swierupski
Director,

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