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February 22, 1999

CLA-2-17:RR:NC:SP:232 D87511

CATEGORY: CLASSIFICATION

TARIFF NO.: 1704.90.3550; 7013.39.2000

Mr. Richard Schneider
UTC Overseas, Inc.
476 Broadway
New York, NY 10013

RE: The tariff classification of Candy in a Glass Jar from Germany.

Dear Mr. Schneider:

In your letter received on January 29, 1999, on behalf of Stockmeyer (North America), Inc., of Lincoln Park, New Jersey, you requested a tariff classification ruling.

You submitted descriptive literature, and had sent a sample with a previous inquiry. The subject merchandise is Sonnentau “Tutti Frutti”, hard candies which will be imported for retail sale in a reusable glass jar. The unwrapped, fruit-flavored candies are of various shapes and colors, approximately 1 inch in length or diameter and 1/2 inch thick. They are said to consist of 54.1 percent sugar, 44 percent corn syrup, 1.5 percent citric acid, and traces of flavors and colors. The glass jar is an apothecary style storage article which will be imported containing 1000 grams (or 35.3 ounces) of candy. It is 8 inches tall with a diameter of 5 1/4 inches, and has a glass stopper-style top with a plastic lining to ensure a snug fit.

The applicable subheading for the Sonnentau “Tutti Frutti” 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 5.8 percent ad valorem.

The applicable subheading for the glass storage jar will be 7013.39.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for Glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes (other than that of heading 7010 or 7018): Glassware of a kind used for table (other than drinking glasses) or kitchen purposes other than that of glass-ceramics: Other: Other: Valued not over $3 each. The rate of duty will be 26.2 percent ad valorem.

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 212-637-7059.

Sincerely,

Robert B. Swierupski

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