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NY I83622





June 24, 2002

CLA-2-21:RR:NC:2:228 I83622

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9985

Mr. Angelo Tigri
Gel-A-Mint Brands
P.O. Box 1996
Linden, NJ 07036

RE: The tariff classification of breath fresheners from Japan

Dear Mr. Tigri:

In your letter undated dated, received by this office on June 17, 2002, you requested a tariff classification ruling.

A sample, submitted with your letter, was examined and disposed of. Gel-A-Mint Magik Strips are thin, translucent wafers measuring approximately 1¼-inches long and -inch wide, packaged for retail sale, 24 wafers in a plastic dispenser case, blister-packed on a cardboard card. The stated ingredients are corn starch, gelatin, casein, carrageenan, vegetable oil, glycerin and sucrose fatty acid ester, aspartame, potassium acesulfame, menthol, flavor, and color.

The applicable subheading for the breath fresheners will be 2106.90.9985, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or includedotherotherconfectionery (including gum) containing synthetic sweetening agents (e.g. saccharin) instead of sugar. The rate of duty will be 6.4 percent ad valorem.

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 Stanley Hopard at 646-733-3029.

Sincerely,

Robert B. Swierupski
Director,

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