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July 21, 1999

CLA-2-17:RR:NC:SP:232 E84251

CATEGORY: CLASSIFICATION

TARIFF NO.: 1704.90.3550

Ms. Janis H. Grover
Liberty Richter, Inc.
400 Lyster Avenue
Saddle Brook, NJ 07663

RE: The tariff classification of “House of Hartfield” Mints from the Netherlands

Dear Ms. Grover:

In your letter received July 2, 1999, you requested a tariff classification ruling.

You submitted descriptive information to supplement a sample which you had submitted previously. The merchandise in question is “House of Hartfield” Special Mints, which are small, white, heart-shaped confections with a strong peppermint odor. They will be imported for retail sale in metal containers which are 2¼ inches high and have a diameter of 2½ inches. The mints are said to contain sugar, lactose, calcium phosphate, magnesium stearate, and peppermint oil.

The applicable subheading for the mints 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: OtherÂPut up for retail sale: Other. The rate of duty will be 5.8 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.

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 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 212-637-7059.

Sincerely,

Robert B. Swierupski
Director,

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