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NY I80464




May 7, 2002

CLA-2-21:RR:NC:2:228 I80464

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.5890

Mr. Norman Elisberg
Lafayette Shipping Company
2425B 3rd Street
Fort Lee, NJ 07024-4051

RE: The tariff classification of gummy bears from Belgium.

Dear Mr. Elisberg:

In your letters dated February 20, 2002, and March 28, 2002, on behalf of La Nouba, Inc., Midland Park, NJ, you requested a tariff classification ruling.

An ingredients breakdown was submitted with your second letter. The product is gummy bears composed of maltidex, gelatin (8 percent), lemon concentrate and egg white. The gummy bears will be imported in 3-kg bulk bags for wholesale distribution. After importation they will be repackaged into 100-gram bags for retail distribution.

The applicable subheading for the gummy bears will be 2106.90.5890, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or includedotherotherof gelatinotherother. The rate of duty will be 4.8 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 Stanley Hopard at 646-733-3029.

Sincerely,

Robert B. Swierupski
Director,

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