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NY C89091


July 1, 1998

CLA-2-17:RR:NC:SP:232 C89091

CATEGORY: CLASSIFICATION

TARIFF NO.: 1704.90.3550; 3926.40.0000

Ms. Lynn O'Beirn

Four Star International Trading Company

3330 East 79th Street

Cleveland OH 44127

RE: The tariff classification of Candy-filled Plastic Containers from Hong Kong.

Dear Ms. O'Beirn:

In your letter dated June 12, 1998, you requested a tariff classification ruling.

You submitted a sample and descriptive literature with your request. The merchandise in question is a hard, clear plastic, refillable, angel-shaped figure, which is four inches tall and has a "wingspan" of four inches. It has both a flat base for standing and a loop for hanging. The figure will be imported filled with multicolored marshmallow candies. The candies are said to consist of sugar, gelatin, citric acid, flavors and colors.

The applicable subheading for the marshmallow candies 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.

The applicable subheading for the plastic angel will be 3926.40.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Other articles of plastics...: Statuettes and other ornamental articles. The rate of duty will be 5.3 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 C.F.R. 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,


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