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NY R00515




July 22, 2004
CLA-2-17:RR:NC:SP:232 R00515

CATEGORY: CLASSIFICATION

TARIFF NO.: 1704.90.3550

Mr. Oleg Satrenchenko
Roshen Confectionery Corporation
26/9 Electrykiv Street
Kyiv
Ukraine 04146

RE: The tariff classification of Hard Candy from Ukraine

Dear Mr. Satrenchenko:

In your letter dated July 5, 2004, you requested a tariff classification ruling.

You submitted descriptive literature and product photographs with your request. The subject merchandise is three varieties of hard candy that will be imported individually wrapped for retail sale. All three candies are oval in shape and weigh 7.7 grams. The first item is “Roshen”. This is a solid hard candy consisting of 42.9 percent sugar, 55 percent corn syrup, and traces of juice, citric acid, colors, and flavors. The second product is “Roshen Juice”, a hard candy that has a juicy filling. This is said to consist of 50.8 percent sugar, 44.3 percent corn syrup, and traces of juice, citric acid, colors, and flavors. The last item is “Roshen Fizzy”, a hard candy that has a fizzy filling. This is said to contain 50.6 percent sugar, 39.5 percent corn syrup, 7 percent citric acid, 1.3 percent glucose powder, and traces of juice, colors, and flavors

The applicable subheading for the “Roshen”, “Roshen Juice”, and “Roshen Fizzy” 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...Put up for retail sale: Other. The duty rate will be 5.6 percent ad valorem.

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

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 (19 CFR Part 134). The photographs you have submitted make it difficult to determine if the products are 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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