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NY A85198

July 8, 1996

CLA-2-17:RR:NC:FC:232 A85198


TARIFF NO.: 1704.90.3505

Ms. Kimberly Alexandrich
Somerset Growers Inc.
DBA Sunshine Industries
3693 N.W. 124th Ave.
Coral Springs, Florida 33065

RE: The tariff classification of "Chewy Louie" from Guatemala.

Dear Ms. Alexandrich:

In your letter dated June 19, 1996 you requested a tariff classification ruling.

Samples and information were submitted with your initial request dated May 2, 1996. The subject merchandise is described as an individually wrapped candy product, which is packaged for retail sale in a clear plastic bag. The candy is stated to contain sugar, powdered milk, butter, water and honey.

The applicable subheading for the "Chewy Louie" candy product 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.

Articles classifiable under subheading 1704.90.3505, HTS, which are products of Guatemala are entitled to duty free treatment under the Caribbean Basin Economic Recovery Act (CBERA) 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 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 212-466-5730.


Roger J. Silvestri

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