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NY M86168




September 29, 2006

CLA-2-17:RR:NC:2:232 M86168

CATEGORY: CLASSIFICATION

TARIFF NO.: 1704.90.3550, 7013.39.2000

Mr. Shachar Gat
Shonfeld’s USA, Inc.
3100 South Susan Street
Santa Ana, CA 92704

RE: The tariff classification of jelly beans and gummy candy in glass storage jar from China.

Dear Mr. Gat:

In your letter dated August 23, 2006, you requested a tariff classification ruling.

The samples submitted with your letter were examined and disposed of. Ingredients breakdowns were submitted with your subsequent correspondence. Items CDY-220561a, CDY-220561b and CDY-220561c are comprised of a clear cylindrical glass storage article measuring 9 inches tall and 2 inches in diameter, filled with jelly beans, and gummy candies. The jelly beans consist of 54.64 percent sugar, 33.50 percent corn syrup, 11.24 percent corn starch, 1.14 percent gelatin and less than one percent of citric acid, carnauba wax, favor and color. The gummy candies consist of 41.0 percent corn syrup, 32.0 percent sugar, 14.9 percent water, 8.3 percent gelatin, 2.0 percent sorbitol, 1.08 percent citric acid and less than one percent malic acid, bee wax, titanium dioxide and favor. The gummy candies in item CDY-220561 form a white and pink heart shape balloon design with a black licorice string and the jelly beans are pink. The gummy candies in item CDY-220561b are in a white heart shape design with pink and red jelly beans. The gummy candies in Item CDY-220561c have one large white and pink heart shape design and red jelly beans. The gummy candies are inserted between the jelly beans and the glass storage article.

The applicable subheading for the jelly beans and gummy candies, will be 1704.90.3550, Harmonized Tariff Schedule of the United States Annotated (HTSUS), which provides for sugar confectionery (including white chocolate), not containing cocoaotherconfections or sweetmeats ready for consumptionotherotherput up for retail saleother. The rate of duty will be 5.6 percent ad valorem.

The information submitted with your ruling request indicated that the value of the glass storage article is not over three dollars. The applicable subheading for the glass storage article will be 7013.39.2000, (HTSUS), which provides for glassware of a kind used for table (other than drinking glasses) or kitchen purposes other than that of glass-ceramics otherother valued not over three dollars each. The rate of duty will be 22.5 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 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 U.S.C. 1304 are set forth in Part 134, Customs Regulations (CFR Part 134). The sample you have submitted is not 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 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 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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