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NY R01639




April 14, 2005

CLA-2-17:RR:NC:SP:232 R01639

CATEGORY: CLASSIFICATION

TARIFF NO.: 1704.90.3550

Mr. Troy D. Crago
Atico International, USA
501 South Andrews Avenue
Fort Lauderdale, FL 33301

RE: The tariff classification of Item C072VA00112 from China

Dear Mr. Crago:

In your letter dated March 17, 2005, you requested a tariff classification ruling.

You submitted descriptive literature and product photographs with your request. You submitted further information via fax. The subject merchandise is item C072VA00112, known as hanging candy Christmas ornaments. This consists of four styles of hard candy shaped and colored to look like Santa Claus, a snowman, a reindeer, or an angel. They are individually wrapped in clear plastic, with a ribbon tie that can also be used to hang them up on a Christmas tree or other display. They will be imported for retail sale, and are said to consist of 62.18 percent sugar, 25.48 percent glucose syrup, 3 percent water, and traces of citric acid, flavors, and colors.

The applicable subheading for any of the styles if item C072VA00112 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: OtherPut up for retail sale: Other. The rate of duty will be 5.6 percent ad valorem.

Since the candy Christmas ornaments are edible, they cannot be classified in subheading 9505.10.2500, HTS.

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 FDA at 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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