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NY D80674




August 17, 1998

CLA-2-17:RR:NC:SP:232 D80674

CATEGORY: CLASSIFICATION

TARIFF NO.: 1704.90.3550

Mr. Carlos Yeung
Au'some Candies, Inc.
525 Milltown Roar, Suite 208
North Brunswick, NJ 08902

RE: The tariff classification of Super Suckers from China.

Dear Mr. Yeung:

In your letter dated July 27, 1998, you requested a tariff classification ruling.

You submitted descriptive literature and a sample with your request. The subject merchandise is a "Super Sucker" which is a 4 inch tall lollypop with a distinctive handle. Instead of a having a stick or a cardboard shaft like a conventional lollypop, the handle of the "Super Sucker" is a 2 1/2 inch tall, 1/2 inch diameter, cylinder of hard candy containing multi-colored speckles of bubble gum, encased in a plastic sheath. The ingredients of this product are said to be sugar, corn syrup, dextrose, gum base, maltodextrin, lactic acid, magnesium stearate, malic acid, citric acid, flavors and colors.

The applicable subheading for the "Super Sucker" 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: Other...Put up for retail sale: Other. The rate of duty will be 6.1 percent ad valorem.

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 sample you have submitted does 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.

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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