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NY N017325




September 26, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 1704.90.3550

Ms. Elizabeth T. Weinzierl-Gutmann
Savino Del Bene U.S.A. Inc.
149-10 183rd Street
Jamaica, NY 11413

RE: The tariff classification of “The Perfect Candy Boyfriend” Blueberry Flavored and Greeting Card & Grow Toy from China

Dear Ms. Weinzierl-Gutmann:

In your letter dated September 19 2007, on behalf of your client Buy-Rite Designs, of Freehold, New Jersey, you requested a tariff classification ruling.

Samples that were included with your request were examined and disposed of. The products are described as “The Perfect Candy Boyfriend” Blueberry flavored and Greeting Card & Grow Toy. The novelty product, “the perfect candy boyfriend” blueberry flavored is a hard candy, which is shaped like a man’s body with hands folded overhead. The candy comes in two colors pink or blue and is approximately two inches in length. The candy is said to contain sugar, dextrose, fumaric, magnesium malto-dextrin stearate, acid, artificial flavors and colors. The candy is enclosed in a plastic shrink wrap affixed to cardboard packaged for retail sale to hang from a metal hook.

The applicable subheading for “The Perfect Candy Boyfriend” Blueberry flavored, will be 1704.90.3550, Harmonized Tariff Schedule of the United States (HTSUS), 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 rate of duty will be 5.6 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the Greeting Card & Grow Toy. Your request for a classification ruling should include a sample of the actual product in the condition as imported. When this information is available, you may wish to consider resubmission of your request.

 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/.

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 Frank Troise at 646-733-3031.

Sincerely,

Robert B. Swierupski
Director,

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