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NY G85335




January 9, 2001

CLA-2-18:RR:NC:SP:232 G85335

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.90.9019

Mr. Devendra K. Thapa
Albert Ulster Imports, Inc.
9211 Gaither Road
Gaithersburg, MD 20877-1419

RE: The tariff classification of Confectionery from Switzerland

Dear Mr. Thapa:

In your letter dated December 11, 2000, you requested a tariff classification ruling.

You submitted descriptive literature and samples with your request. The subject merchandise is an assortment of three types of fruit-based bite-sized confectionery. These candies will be imported in trays each containing 56 pieces, weighing approximately 610 grams, and packed six trays to a box.

The “Paté de Fruits Black Currant” are dark colored jelly cubes with chocolate coating all but one side. These are said to consist of 35 percent sugar, 16 percent black currant, 16 percent glucose syrup, 7.9 percent water, 9.5 percent cocoa butter, 5.5 percent cocoa paste, 3 percent whole milk powder, 2 percent butter, 2 percent skim milk powder, 2 percent skim yogurt powder, 1 percent gelling agent and traces of flavors and colors. The “Paté de Fruits Apricot” are golden, rectangular candies coated with chocolate on the bottom and halfway up the sides. These are stated to contain 41 percent sugar, 16 percent apricot pulp, 11 percent almond, 10 percent glucose syrup, 9 percent water, 5.5 percent cocoa butter, 2 percent cocoa paste, 2 percent whole milk powder, 2 percent skim milk powder, 1.5 percent gelling agent and traces of flavors and
alcohol. The “Paté de Fruits Strawberry” are dark red circular jellies coated with sugar crystals. These candies are said to consist of 44 percent sugar, 31 percent strawberry essence, 18 percent glucose syrup, 5 percent water, and 2 percent gelling agent.

The applicable subheading for the confectionery assortment 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: Confectionery: Other. The rate of duty will be 6 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). It is impossible to determine from the samples you have submitted whether the imported items will 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 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

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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