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NY L83246

April 1, 2005

CLA-2-17:RR:NC:SP:232 L83246


TARIFF NO.: 1704.90.3550

Ms. Fiona Poon
Twinklers Limited
122 Granville Road
London NW2 2LD
United Kingdom

RE: The tariff classification of “Light-up Lollipops” from China

Dear Ms. Poon:

In your letter received March 4, 2005, you requested a tariff classification ruling.

You submitted descriptive literature and product sampled with your request. The subject merchandise is called “Light-up Lollipops”. These are novelty lollipops, 4 ½ inches tall, which will be imported individually wrapped in clear poly for retail sale. The edible portion is said to consist of sugar, glucose, malic acid, flavors, and colors. They will be imported in eight shapes and five flavors. The samples were a star and a round smiley face. The stick of the lollipop contains a light element that is turned on by pressing the base, and the light is then refracted throughout the translucent candy.

The applicable subheading for the “Light-up Lollipops” 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: OtherPut up for retail sale: Other. The rate of duty will be 5.6 percent ad valorem.

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

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 (646) 733-3031.


Robert B. Swierupski

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