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NY F88969




July 20, 2000

CLA-2-18:RR:NC:SP:232 F88969

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.90.9011; 7013.39.2000

Mr. Justin Harper
Shonfeld’s (USA), Inc.
4720 E. 2nd Street – Suite #4
Long Beach, CA 90803

RE: The tariff classification of Candy–coated Peanuts from China

Dear Mr. Harper:

In your letter dated June 21, 2000, you requested a tariff classification ruling.

You submitted descriptive literature and ingredient information with your request. You had previously sent product photographs, specifications, and samples. The merchandise in question is Products CH-200340A, B, and C: varieties of chocolate and candy covered peanuts that come in three colors but all have the same ingredient breakdown. As the samples submitted appear to be prototypes, the actual weight of the contents of each item is not specified. The candies have hard sugar coatings, either red, orange, or green. They are packaged for retail sale in reusable cylindrical glass jars 7 inches tall, with a diameter of 3 inches, and having a metal lid. All the candies of each style are of one color: Product CH-200340A is orange, Product CH-200340B is green, and Product CH-200340C is red. The candies are said to consist of 39.09 percent sugar, 25 percent peanuts, 14 percent hydrogenated palm kernel oil, 10 percent skimmed milk powder, 8 percent cocoa powder, and small amounts of flavors, wheat flour, gelatin, lecithin, vanillin, and colors.

The applicable subheading for Products CH-200340A, B, and C, candy-coated peanuts, will be 1806.90.9011, Harmonized Tariff Schedule of the United States (HTS), which provides for Chocolate and other food preparations containing cocoa: Other: Other: Other: OtherConfectionery: Containing peanuts or peanut products. The rate of duty will be 6 percent ad valorem.

The applicable subheading for the glass cylinders will be 7013.39.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for Glassware of a kind used for table, kitchen 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 25.5 percent ad valorem.

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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