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NY I85679




September 6, 2002

CLA-2-17:RR:NC:2:228 I85679

CATEGORY: CLASSIFICATION

TARIFF NO.: 1704.10.3550; 2106.90.9998; 9608.10.0000

Mr. Everett Hayes
Pavel World Products
72357 Industry Park
Covington, LA 70453

RE: The tariff classification of candy products from China

Dear Mr. Hayes:

In your letter dated August 8, 2002 you requested a tariff classification ruling.

Three samples, and copies of the product label from two United States-made products, were submitted with your letter. The samples were examined and disposed of. The products are a gummy lollypop, an article composed of a spray candy and lollypop, and an item consisting of a spray candy and ball point pen. The sample lollypop is approximately 3 inches long, and resembles a football with legs. Affixed to the “body” are colorful decorations that create a face, arms, hands, legs, and shoes. The lollypop’s body is composed of dextrose, sugar, carrageenan gum, and artificial flavor and color. The decorations are composed of sugar, albumin, amylum, dextrose, and artificial flavor and color. The sample identified as “Lolli-Tipperz” is a combination article consisting of a plastic tube with a pump spray top and a pen cap, approximately 5 inches long and ½-inch in diameter, with a lollypop inserted into a hole in the top of the removable pen cap. The lollypop, in this sample resembling an apple with legs, is composed of the same ingredients as the lollypop described above. The product labels you have provided indicate the liquid contained within the tube is composed of water, artificial flavors, artificial sweetener (acesulfame K), citric acid and/or malic acid, sodium benzoate, potassium sorbate, and colors. The sample identified as Super Sour Candy Spray is a combination article consisting of a plastic tube with pump spray top and pen cap, filled with the same flavored liquid as the Lolli-Tipperz, with a retractable ball point pen, approximately 2 inches long, affixed to the tube’s bottom. When the pen housing is twisted, a small red bulb is illuminated.

The applicable subheading for the lollypops will be 1704.10.3550, Harmonized Tariff Schedule of the United States (HTS), which provides for sugar confectionerynot containing cocoaotherconfections or sweetmeats ready for consumptionotherput up for retail saleother. The rate of duty will be 5.6 percent ad valorem.

The applicable subheading for the liquid-filled tube component of the Lolli-Tipperz will be 2106.90.9998, HTS which provides for food preparations not elsewhere specified or included otherotherother. The rate of duty will be 6.4 percent ad valorem

The applicable subheading for the Super Sour Candy Spray will be 9608.10.0000, HTS, which provides for ball point pens. The rate of duty will be 0.8 cents each plus 5.4 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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