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NY I88989





December 11, 2002

CLA-2-95:RR:NC:SP:225 I88989

CATEGORY: CLASSIFICATION

TARIFF NO.: 1704.90.3550; 4908.90.0000; 4911.91.2040, 9502.10.0060; 9503.90.0080

Benoit Hamelin
Roe Logistics
474 rue McGill, Suite 300
Montreal, Quebec H2Y 2H2
Canada

RE: The tariff classification of Surprise Bag from Mexico

Dear Mr. Hamelin:

In your letter dated November 26, 2002 you requested a tariff classification ruling on behalf of your client Les Aliments Papco Inc.

The product is an assortment called “Surprise Bag”. Each bag in the assortment will consists of two toys, one decal tattoo and two candies and some printed matter. In each bag, the toys and the candy may vary. Therefore, this ruling is only for the sample provided for this ruling. The retail “Surprise Bag” will not be considered a set for tariff purposes. Therefore, each item in the assortment will need to be classified separately.

The applicable subheading for the gum lollipop and hard candy will be 1704.90.3550, Harmonized Tariff Schedule of the United States (HTS), which provides for Sugar confectionery: Other: Confections or sweetmeats ready for consumption: Other: Other: Put up for retail sale: Other. The general rate of duty will be 5.6 percent ad valorem.

The applicable subheading for the decal tattoo will be 4908.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Transfers (decalcomanias): Other. The general rate of duty will be 3.1cents per kilogram.

The applicable subheading for the various printed matter will be 4911.91.2040, Harmonized Tariff Schedule of the United States (HTS), which provides for Other printed matter, : Pictures, designs and photographs: Printed not over 20 years at time of importation: Lithographs on paper or paperboard: Not over 0.51 mm in thickness: Other. The general rate of duty will be 2.6 cents per kilogram.

The applicable subheading for the doll will be 9502.10.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for Dolls representing only human beings: Dolls, whether or not dressed: Other. The rate of duty will be free.

The applicable subheading for the toy Iron will be 9503.90.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for Other toys; : Other: Other. The rate of duty will be free.

Perfumery, cosmetic and toiletry products and food are subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (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 Alice J. Wong at 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,

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