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NY C87170




May 27, 1998

CLA-2-17:RR:NC:SP:232 C87170

CATEGORY: CLASSIFICATION

TARIFF NO.: 1704.90.3550

Mr. Ray Reynolds
Lee Hardeman Customs Broker, Inc.
PO Box 45545
Atlanta, GA 30320-0545

RE: The tariff classification of Candy from Indonesia.

Dear Mr. Reynolds:

In your letter dated April 28, 1998, on behalf of Animex Co., Inc., of Marietta, Georgia, you requested a tariff classification ruling.

You submitted descriptive literature and samples with your request. The merchandise in question is two varieties of individually wrapped hard candy, which will be imported packaged for retail sale. The first product is "Indocafe" coffee flavored candy, which is said to contain sugar, glucose syrup, milk powder, vegetable oil, coffee extract, caramel, salt, coffee flavor, cocoa powder, and lecithin. The second item is "MaxTea" iced tea flavored candy, which is said to consist of sugar, glucose syrup, instant tea, malic acid, lemon flavor, salt, and peppermint.

The applicable subheading for both the "Indocafe" coffee candy and the "MaxTea" iced tea candy will be 1704.90.3550, 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...Put up for retail sale: Other. The rate of duty will be 6.1 percent ad valorem.

Articles classifiable under subheading 1704.90.3550, HTS, which are products of Indonesia are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

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,

Robert B. Swierupski

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