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NY K84255




April 6, 2004
CLA-2-17:RR:NC:SP:232 K84255

CATEGORY: CLASSIFICATION

TARIFF NO.: 1704.90.3550

Mr. Joe Nakayama
Alpha International
9133 S. La Cienega Blvd., Suite 100
Inglewood, CA 90301

RE: The tariff classification of Confectionery from Spain

Dear Mr. Nakayama:

In your letter dated March 10, 2004, on behalf of Barrington Trading, Inc. of Bell, California, you requested a tariff classification ruling.

You submitted descriptive information, and product samples with your request. The subject merchandise is “Hit” mint candy that will be imported for retail sale in small plastic dispensers, with four dispensers to a pack. Each dispenser is said to hold approximately 40 candies. The “Hit” candies come in five flavors: mint, tutti-frutti, strawberry, orange, and apple. The packs come in four varieties: all mint, two mint and two orange, and four mixed fruits. As per the sample package submitted, the candies are said to contain sugar, corn syrup, stabilizers, flavors, and colors.

The applicable subheading for all of the flavors of “Hit” candies 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: 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 USC 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 USC 1304 are set forth in Part 134, Customs Regulations (CFR Part 134). The sample you have submitted does 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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