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NY N009959




May 8, 2007

CLA-2-21:RR:NC:2:228

CATEGORY: CLASSIFICATION

TARIFF NO.: 1704.90.3550, 2106.90.9972, 7013.28.1000, 7323.99.9060

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

RE: The tariff classification of gummy worms, drink mixes, small drinking glasses and a metal rack from China.

Dear Mr. Gat:

In your letter dated February 23, 2007, received April 19, 2007, you requested a tariff classification ruling.

Ingredients breakdowns, pictorial literature, and a sample were submitted with your request. The sample was examined and disposed of. Item No. DM-222522 Lab Shooter Drink Mix Set consists of six plastic test tubes filled with colored liquid drink mixes, six drinking glasses, each containing one gummy worm, in a steel wire rack. The Creepy Cranberry Cosmo Elixir, Monster Mango Martini Elixir, Scary Berry Blue Cosmo Elixir, Lemon Drop Dead Martini Elixir, Strawberry Scare Martini Elixir, and Green Apple Ooze Martini Elixir, each contain water, sugar, citric acid and/or malic acid, natural and/or artificial flavor, preservatives, and color. The drink mixes are combined with alcohol and other ingredients to make a drink. The six drinking glasses measure 4 inches tall, 1-1/2 inches in diameter, and valued not over thirty cents each. The gummy worms measure approximately 3-1/2 inches long and 5/8-inch wide and consist of 41 percent glucose syrup, 32 percent sugar, 15 percent water, 8.3 percent gelatin, 2 percent sorbitol, 1.08 percent citric acid, and less than one percent each of malic acid, bees wax, flavor, and color.

The applicable subheading for the gummy worms contained in item no. DM-222522, will be 1704.90.3550, HTSUS, which provides for sugar confectionery (including white chocolate), not containing cocoaother confections or sweetmeats ready for consumptionotherother put up for retail saleother. The rate of duty will be 5.6 percent ad valorem.

The applicable subheading for the drink mixes will be 2106.90.9972, HTSUS, which provides for food preparations not elsewhere specified or includedother otherpreparations for the manufacture of beverages containing sugar derived from sugar cane and/or sugar beets. The rate of duty will be 6.4 percent ad valorem.

The applicable subheading for the glasses will be 7013.28.1000, HTSUS, which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposesdrinking glassesotherothervalued not over thirty cents each. The rate of duty will be 28.5 percent ad valorem.

The applicable subheading for the steel wire rack will be 7323.99.9060, HTSUS, which provides for table, kitchen or other household articles and parts thereof, of iron or steelotherothernot coated or plated with precious metalotherother other. The rate of duty will be 3.4 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 submitted does not appear to be 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 Stanley Hopard at 646-733-3029.

Sincerely,

Robert B. Swierupski
Director,

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