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NY G82365

September 29, 2000

CLA-2-17:RR:NC:SP:232 G82365


TARIFF NO.: 1704.90.3550

Mr. Bart Williamson
Cedar Ridge
PO Box 680425
Franklin, TN 37068-0425

RE: The tariff classification of “Navigator’s Fruit Drops Selection“ from England

Dear Mr. Williamson

In your letter dated September 8, 2000, you requested a tariff classification ruling.

You submitted a product sample and descriptive literature with your request. The subject merchandise is “Navigator’s Fruit Drops Selection“, hard candies that will be imported retail packaged in 1 ¾ inch high by 3 ¾ inch diameter metal containers. These 1-inch long oval confections are colored orange, purple, green, yellow or white and are said to contain sugar, glucose syrup, citric acid, flavors and colors.

The applicable subheading for the “Navigator’s Fruit Drops Selection“ 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: Put up for retail sale: Other. The rate of duty will be 5.6 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 sample you have submitted does 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.

Additional requirements may be imposed on this product by the Food and Drug Administration. You may contact the FDA at:

Food and Drug Administration
Implementation and Compliance Branch
HFF 314, 200 C Street, SW
Washington, D.C. 20204
(202) 205-5321

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) 637-7059.


Robert B. Swierupski

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