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NY R00516




July 22, 2004
CLA-2-17:RR:NC:SP:232 R00516

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 five varieties of hard candy that will be imported individually wrapped for retail sale. The first item is “Roshen Milk Dessert”. This is an oval shaped, solid hard candy weighing 7.7 grams. It is said to consist of 50.4 percent sugar, 43 percent corn syrup, 3.5 percent condensed milk, and traces of colors and flavors. The second product is “Roshen Fruit and Cream”. This is a rounded solid hard candy weighing 5 grams. It is said to contain 49.1 percent sugar, 38.4 percent corn syrup, 4.4 percent coconut butter, 4.9 percent condensed milk, 5 percent condensed cream, and traces of glycerin, lecithin, citric acid, salt, colors, and flavors. The next item is “Roshen Butter and Cream”. This is another rounded solid hard candy, and it weighs 4.5 grams. It is said to consist of 49.4 percent sugar, 38.6 percent corn syrup, 3.6 percent milk fat, 5.3 percent condensed milk, and traces of lecithin, salt, colors, and flavors. Two other candies are described, “Roshen Milk” and “Roshen Cream”. These are both described as oval hard candies weighing 7.7 ounces, and both are said to contain some cocoa powder in addition to ingredients similar to the products described above.

The applicable subheading for the “Roshen Milk Dessert”, “Roshen Fruit and Cream”, and “Roshen Butter and Cream” 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.

Your inquiry does not provide enough information for us to give a classification ruling on the “Roshen Milk” and the Roshen Cream” candies. Your request for a classification ruling should include samples of these products. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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 hard 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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