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NY R01915




June 2, 2005

CLA-2-17:RR:NC:SP:232 R01915

CATEGORY: CLASSIFICATION

TARIFF NO.: 1704.90.3550; 1704.90.3590

Ms. Lynne Anderson
PD3, Inc.
4112 55th Avenue SW
Seattle, WA 98116

RE: The tariff classification of Confectionery from Poland

Dear Ms. Anderson:

In your letter dated May 5, 2005, you requested a tariff classification ruling.

You supplied descriptive literature with your request and in a subsequent telephone conversation. The subject merchandise is two varieties of caramel candy. The caramels will be imported individually wrapped, and will be sold in bulk to wholesalers or in 300-gram cartons for direct retail sale. The first product is “CARAMOO Caramel Crumble, Original”. This is said to contain 54.12 percent sugar, 19.9 percent glucose syrup, 13.8 percent whole milk, 8.8 percent skim milk, 3.5 percent butter, and a trace of salt. The second item is “CARAMOO Caramel Crumble, Honey”. This is described as containing 53.82 percent sugar, 19.9 percent glucose syrup, 13.8 percent whole milk, 8.9 percent skim milk, 3.4 percent butter, and traces of honey, salt, and flavor.

The applicable subheading for both of these items, if imported in retail packages, 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: Other: OtherPut up for retail sale: Other. The rate of duty will be 5.6 percent ad valorem.

The applicable subheading for both of these items, if imported in bulk, will be 1704.90.3590, Harmonized Tariff Schedule of the United States (HTS), which provides for Sugar confectionery (including white chocolate), not containing cocoa: Other: Other: OtherOther. 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.

Sincerely,

Robert B. Swierupski
Director,

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