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NY L87746

October 13, 2005

CLA-2-18:RR:NC:SP:232 L87746


TARIFF NO.: 1806.90.9019

Mr. Louis S. Shoichet
Tompkins & Davidson, LLP
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

RE: The tariff classification of ChocoLix Lollipop from The People’s Republic of China

Dear Mr. Shoichet:

In your letter dated September 21, 2005, on behalf of The Topps Company, Inc., you requested a tariff classification ruling.

A sample was included with your request. The sample is being returned to you as per your request. The subject merchandise is described as a chocolate and hard candy lollipop confection. The chocolate and hard candy will be formed side by side, so that one half of the product is chocolate candy and the other half is hard candy. The chocolate half contains sugar, partially hydrogenated palm kernel oil, cocoa, dry whey, cocoa processed with alkali, skim milk powder, soy lecithin and artificial flavoring. The hard candy half contains sugar, corn syrup, buffered lactic acid, natural and artificial flavors, pear juice concentrate and artificial colors. The product will be imported in four different flavors: chocolate/caramel, chocolate/strawberry, chocolate/mint, and chocolate/cookies and cream. The item will be imported individually wrapped for retail sale.

The applicable subheading for the ChocoLix Lollipop 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: OtherConfectionery: Other. The rate of duty will be 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 telephone number (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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