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NY I88799




December 11, 2002

CLA-2-17:RR:NC:SP:232 I88799

CATEGORY: CLASSIFICATION

TARIFF NO.: 1704.90.3550

Ms. Barbara Klausman
James J. Boyle & Co.
7505 N.E. Ambassador Place – Suite B
Portland, OR 97220

RE: The tariff classification of Mints from China

Dear Ms. Klausman:

In your letter received November 22, 2002, on behalf of Fringe Marketing Corporation, of Blaine, Washington, you requested a tariff classification ruling.

You submitted descriptive literature and product photographs with your request. The subject merchandise is “Barkley’s Tastefully Intense Mints” in three flavors: cinnamon, peppermint, and wintergreen. These will be imported for retail sale in small, embossed metal containers holding 1.75 ounces, net. The mints are said to consist of sugar and traces of gelatin, glucose, flavors, and, in the cinnamon variety, added red color.

The applicable subheading for all three of the mints 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: Other: OtherPut up for retail sale: Other. The rate of duty will be 5.6 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). The
pictures 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.

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

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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