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NY L85624




July 8, 2005

CLA-2-17:RR:NC:SP:232 L85624

CATEGORY: CLASSIFICATION

TARIFF NO.: 1704.90.3550

Ms. Irene Tsiavos
Easter Unlimited, Inc.
80 Voice Road
Carle Place, NY 11514

RE: The tariff classification of Light-up Lollipops from China

Dear Ms. Tsiavos:

In your letter dated June 13, 2005, you requested a tariff classification ruling.

You submitted descriptive literature and a product sample with your request. The subject merchandise is “Light-up Lollipops” that will be imported for retail sale in three flavors: lemon, green apple, and strawberry. The lollipops are mounted on a plastic stick and have a base that contains a small button that activates a flashing light when pressed. The light shines through the lollipop. Item 3106 is destined for sale at Easter, while Item 6106 is designed for Valentine’s Day sale. The sample submitted was in the shape of a bunny. The lollipops are said to consist of (as per the packing of the sample) sugar, corn syrup, water, flavors and colors.

The applicable subheading for the “Light-up Lollipops” 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: Other: OtherPut 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 merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling the FDA at telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

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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