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NY G81443




September 19, 2000

CLA-2-17:RR:NC:SP:232 G81443

CATEGORY: CLASSIFICATION

TARIFF NO.: 1704.90.3550; 1806.90.9019

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: “Solnechnaya”, “Plum Liquor”, “Mint”, “Klubnika so Slivkami”, and “Belaya Rus”. 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 “Belaya Rus” variety is said to contain apple puree and other fruit puree, the “Plum Liquor” flavor is said to contain apple puree, the “Klubnika so Slivkami” variety is stated to contain strawberry puree and sweetened condensed milk, and the “Solnechnaya” flavor is stated to contain sweetened condensed milk and cocoa powder.

The applicable subheading for the “Plum Liquor”, “Mint”, “Klubnika so Slivkami”, and “Belaya Rus” 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 “Solnechnaya” flavor will be 1806.90.9019, Harmonized Tariff Schedule of the United States (HTS), which provides for Chocolate and other food preparations containing cocoa: Other: Other: Other: Other Confectionery: Other. 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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