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NY C88513

June 18, 1998

CLA-2-17:RR:NC:SP:232 C88513


TARIFF NO.: 1704.90.3550

Mr. Lars-Erik Persson

Cantola Candy Inc.

PO Box 15307

Clearwater, FL 33766

RE: The tariff classification of Candy from Sweden.

Dear Mr. Persson:

In your letter dated May 26, 1998, you requested a tariff classification ruling.

You submitted descriptive literature and a sample with your request. The subject merchandise is an assortment of confectionery in varying shapes and colors, similar to "gummy bears". It will be imported in 1 kilogram or 2.2 kilogram sealed plastic boxes for retail sale. The candies are described as containing sugar, water, gelatin, starch, citric acid, natural flavors, and artificial flavors and colors.

The applicable subheading for the candies will be 1704.90.3550, 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: Other. The rate of duty will be 6.1 percent ad valorem.

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 (19 C.F.R. Part 134). The samples you have submitted do 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 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-



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