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NY H82650




June 26, 2001

CLA-2-21:RR:NC:2:228 H82650

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9997

Ms. Joyce Sung
International Merchants, LLC
4257 East Live Oak Avenue
Arcadia, CA 91006

RE: The tariff classification of jelly snacks from Taiwan

Dear Ms. Sung:

In your letter dated June 11, 2001, you requested a tariff classification ruling.

Samples and ingredients breakdowns were submitted with your letter. The samples were examined and disposed of. Mini Fruity Gels (also called “Gel-ly Drops” on the individual containers) are jelly-like snack foods packed in foil-sealed, cone-shaped plastic cups. The good is prepared in five different flavors – orange, mango, strawberry, green apple, and peach. All contain water, sucrose, maltose syrup, coconut gel, fructose syrup, concentrated fruit juice, carrageenan, konjac powder, citric acid, sodium citrate, natural flavor, and ascorbic acid. All except the peach flavor also contain artificial, color.

The applicable subheading for the jelly snacks will be 2106.90.9997, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or includedotherothercontaining sugar derived from sugar cane and/or sugar beets. The rate of duty will be 6.4 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 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 Stanley Hopard at 212-637-7065.

Sincerely,

Robert B. Swierupski
Director,

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