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NY M84659

July 19, 2006

CLA-2-17:RR:NC:2:232 M84659


TARIFF NO.: 1704.90.3550, 9503.90.0080

Ms. Connie L. Rose
Hasbro, Inc.
P.O. Box 200
Pawtucket, RI 02862

RE: The tariff classification of a candy novelty from China.

Dear Ms. Rose:

In your letters dated June 14, 2006, and June 29, 2006, and facsimile transmission dated July 18, 2006, you requested a tariff classification ruling.

A description, sample, and illustrative literature were submitted with your first letter. Ingredients breakdowns, by weight, accompanied your second letter, and country of origin information was submitted by facsimile transmission. The unmarked sample is being returned to you as per your request. Lick Your Wounds Candy, item number 12503, consists of an adhesive-backed, flesh-colored plastic bandage, with a flip-top compartment containing a small candy resembling a wound’s scab. Five bandages and five additional candy “wounds” are put up for retail sale in a cardboard box. The bandages measure 4 inches long, ¾-inch wide, containing candy available in three flavors. The strawberry, orange, and blue raspberry flavored candy “wounds” consist of 94 percent dextrose, 4 percent corn syrup, 1.7 percent citric acid, and less than one percent each of magnesium stearate, artificial flavor, and color.

This item is not considered to be a set for tariff classification purposes since the components are not put up together to meet a particular need or carry out a specific activity. Therefore, the contents must be classified separately.

The applicable subheading for the candy will be 1704.90.3550, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sugar confectionery (including white chocolate), not containing cocoaother confections or sweetmeats ready for consumptionotherotherput up for retail saleother. The rate of duty will be 5.6 percent ad valorem.

The applicable subheading for the plastic bandage, will be 9503.90.0080, HTSUS, which provides for other toys; reduced-size ("scale") models and similar recreational models, working or not; puzzles of all kinds; parts and accessories thereofotherother. The rate of duty will be Free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (CFR Part 134). The sample you have submitted is not properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

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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