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NY A81557

April 17, 1996

CLA-2-17:RR:NC:FC:232 A81557


TARIFF NO.: 1704.90.3505

Ms. Athena Caramanos
Eastern Caribbean Commodities, Inc.
#1 La Puntilla Street
Old San Juan, Puerto Rico 00901

RE: The tariff classification of Caramels, Candied Peanuts and Mints from Colombia.

Dear Ms. Caramanos:

In your letter dated March 15, 1996 you requested a tariff classification ruling.

You sent descriptive literature and a photograph of the retail packaging of five different products.

The first items in question are "Chupetas de Leche" and "Caramelos de Leche". The "Chupetas de Leche" are 12 gram caramel suckers, to be distributed commercially in display boxes of 50 or bags of 12. The "Caramelos de Leche" are 6 gram caramels to be distributed commercially in bags of 20 and 40. These products are said to contain 46.2 percent sugar, 31.6 percent corn syrup, 15.2 percent milk, 6 percent shortening, and traces of glycerin, lecithin, colors and flavors. The next item in question is "Caramelos de Coco", 6 gram caramels to be distributed commercially in bags of 20 and 40. This product is said to contain 44.2 percent sugar, 30.2 percent corn syrup, 14.5 percent milk, 5.8 percent shortening, 4.3 percent coconut, and traces of glycerin, lecithin, flavors and colors. The fourth item is "Calabacines de Mani", candy-coated peanuts in 20 gram bags, to be distributed commercially in display boxes of 24 and packets of 4. This item is said to consist of 60.8 percent sugar, 38.8 percent peanuts, and traces of gelatin, flavors and colors. The last item is "Menta Glacial", 5 gram hard candy mints to be distributed commercially in bags of 500. This item is said to consist of 92.7 percent sugar, 7 percent corn syrup, and traces of mint essence, cream of tartar, flavors and colors.

The applicable subheading for the "Chupetas de Leche", the "Caramelos de Leche", the "Caramelos de Coco" and the "Menta Glacial" will be 1704.90.3505, 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: Other...Put up for retail sale. The duty rate will be 6.5 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the "Calabacines de Mani". Your request for a classification ruling on this item should include a sample of the merchandise.

Articles classifiable under subheading 1704.90.3505, HTS, which are products of Colombia are entitled to duty free treatment under the Andean Trade Preference Act (ATPA) upon compliance with all applicable regulations.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this 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 212-466-5730.


Roger J. Silvestri

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