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NY G81442




September 19, 2000

CLA-2-17:RR:NC:SP:232 G81442

CATEGORY: CLASSIFICATION

TARIFF NO.: 1704.90.3520; 1704.90.3550; 1806.90.9011

Ms. Olga Novikova
Double Star Enterprises Co., Inc.
206 East 38th Street
New York, NY 10016

RE: The tariff classification of Confectionery from Belarus

Dear Ms. Novikova

In your letter dated September 5, 2000, you requested a tariff classification ruling.

You submitted descriptive literature and product samples with your request. The merchandise in question is five varieties of confectionery. The products are: “Fruktovo-Yagodniy Buket”, “Malva”, “Karavella”, “Rachkis Arahisom”, and “Grenada”. They will all be imported individually wrapped for retail sale. They are stated to consist of sugar, glucose, citric acid, and traces of flavors. In addition the “Fruktovo-Yagodniy Buket” variety is said to contain apple puree and other fruit puree, the “Karavella” and the “Rachkis Arahisom” varieties are stated to contain cocoa powder and crushed peanuts, and the “Grenada” flavor is stated to contain peanuts.

The applicable subheading for the “Grenada” variety will be 1704.90.3520, 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: Containing peanuts, peanut butter or peanut paste. The rate of duty will be 5.6 percent ad valorem.

The applicable subheading for the “Fruktovo-Yagodniy Buket” and the “Malva” varieties 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 5.6 percent ad valorem.

The applicable subheading for the “Karavella “ and the “Rachkis Arahisom” flavors 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.

Additional requirements may be imposed on these products by the Food and Drug Administration. You may contact the FDA at:

Food and Drug Administration
Implementation and Compliance Branch
HFF 314, 200 C Street, SW
Washington, D.C. 20204
(202) 205-5321

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 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.

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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