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May 4, 1999

CLA-2-18:RR:NC:SP:232 E80330

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.90.9019

Mr. Lars-Erik Persson
Cantola Candy, Inc.
3284 Sandy Ridge Drive
Clearwater, FL 33761

RE: The tariff classification of Confectionery from Sweden.

Dear Mr. Persson:

In your letter dated March 31, 1999, you requested a tariff classification ruling.

You submitted descriptive literature and samples with your request. The subject merchandise is three varieties of confectionery which will be imported packaged for retail sale in 170 gram sealed bags. The samples submitted were in 180 gram bags which were marked for European sale, but you state that the future importations will be of the size as described and labeled in accordance with FDA standards. The three flavors submitted were “Cafe Creme” (coffee flavored), “Punch” (arrack flavored), and “Mint” (mint flavored). All are said to consist of sugar, glucose, vegetable fat, cocoa, milk powder, lecithin, and flavors. The candies themselves are small hemispheres, coated with sugar pellets, similar in appearance to non pareils.

The applicable subheading for the “Cafe Creme”, the “Punch”, and the “Mint” flavored confectionery will be 1806.90.9019, Harmonized Tariff Schedule of the United States (HTS), which provides for Chocolate and other food preparations containing cocoa: Other: Other...Confectionery: Other. The rate of duty will be 6.2 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 CFR 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 212-637-7059.

Sincerely,

Robert B. Swierupski

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