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NY I84951




September 3, 2002

CLA-2-17:RR:NC:SP:232 I84951

CATEGORY: CLASSIFICATION

TARIFF NO.: 1704.90.3550; 7310.29.0050

Ms. Sheila Andrews
Dillard’s, Inc.
1600Cantrell
Little Rock, Arkansas 72201

RE: The tariff classification of Confectionery from France

Dear Ms. Andrews:

In your letter dated August 30, 2002, you requested a tariff classification ruling.

You submitted descriptive literature and product samples with your request. The samples are being returned as you had asked. The subject merchandise is two confectionery products. The first item, Style 24578, consists of 12 lollipops in three flavors: caramel, honey and fruit, totaling 180 grams, net. They will be imported for retail sale packed in a decorated metal pencil case that is 8 inches long by 3½ inches wide by 7/8 inch deep. The honey lollipops are stated to contain sugar, glucose syrup, honey and vanilla. The caramel lollipops are said to contain sugar, glucose syrup, milk, vegetable fat, salt and flavor. The fruit lollipops are stated to consist of sugar, glucose syrup, flavors and colors. The second product is Style 16958: 10 assorted fruit jelly squares, 200 grams, net, packaged in a clear rectangular container and imported for retail sale. The jellies are said to consist of 46 percent sugar, 40 percent fruit, 12 percent glucose, 1 percent pectin, and traces of citric acid and flavors.

The applicable subheading for the three types of lollipops and for the fruit jelly squares 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: OtherOther: Put up for retail sale: Other. The rate of duty will be 5.6 percent ad valorem.

The applicable subheading for the metal pencil box will be 7310.29.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for Tanks, casks, drums, cans, boxes and similar containers, for any material (other than compressed or liquefied gas), of iron or steel, of a capacity not exceeding 300 liters, whether or not lined or heat insulated, but not fitted with mechanical or thermal equipment: Of a capacity of less than 50 liters: OtherOther. The rate of duty will be free.

The Food and Drug Administration may impose additional requirements on these products. You may contact the FDA at:

Food and Drug Administration
Division of Import Operations and Policy
5600 Fishers Lane
Rockville, Maryland 20857
Telephone: (301) 443-6553

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 (646) 733-3031.

Sincerely,

Robert B. Swierupski
Director,

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