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NY R00376




May 20, 2004
CLA-2-95:RR:NC:SP:225 R00376

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.70.0000

Mr. Dennis Morse
BDP International
2721 Walker Avenue N.W.
Grand Rapids, MI 49504

RE: The tariff classification of a Hershey’s Kisses Maker from China.

Dear Mr. Morse:

In your letter dated May 14, 2004, on behalf of Meijer Distribution, you requested a tariff classification ruling.

You submitted photographs and literature for a Hershey’s Kisses Maker identified as item number 4274. The item is a toy candy-making set that is designed for children eight years of age and older to make edible candy. The Hershey’s Kisses Maker itself must be assembled (instructions provided) and in its fully assembled form resembles an oblong blender with a melting chamber. Hershey’s milk chocolate baking chips (not provided) are poured into this chamber where they are heated and melted and dispensed into molds that are refrigerated for up to 15 minutes. After cooling, the chocolate kisses are placed onto thin metal foil (not provided) and wrapped via a “press” that is part of the Hershey’s Kisses Maker. The set can also be used to produce warm chocolate to decorate cookies, ice cream, cakes, etc.

The applicable subheading for the Hershey’s Kisses Maker identified as item number 4274 will be 9503.70.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other toys, put up in sets or outfits, and parts and accessories thereof.” The rate of duty will be free.

Importations of this product might be subject to the provisions of Section 133 of the Customs Regulations if they copy or simulate a registered trademark, tradename or copyright recorded with the United States Customs Service. If you are an authorized importer of the product we recommend notifying your local Customs office prior to importation.

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 Alice Wong at 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,

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