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NY K85519




May 17, 2004
CLA-2-17:RR:NC:SP:232 K85519

CATEGORY: CLASSIFICATION

TARIFF NO.: 1704.90.3550

Ms. Jan E. Meyer
MeyCov Food Ltd.
Trading as Rutherford & Meyer
89 Simla Cres
Khandallah
Wellington
New Zealand

RE: The tariff classification of Fruit Confections from New Zealand

Dear Ms. Meyer:

In your letter dated April 22, 2004, you requested a tariff classification ruling.

You submitted descriptive literature and a product sample with your request. The subject merchandise is assorted fruit gel candies that will be imported boxed for retail sale. The boxes will contain either 9 or 18 gel cubes in a mixture of peach, apricot and plum flavors. They are said to consist of sugar, glucose, fruit paste, water, pectin, citric acid flavors and stabilizers.

The applicable subheading for the fruit gels 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...Put up for retail sale: Other. The rate of duty will be 5.6 percent ad valorem.

The Food and Drug Administration may impose additional requirements on this product. 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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