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NY M87065




October 20, 2006

CLA-2-17:RR:NC:2:232 M87065

CATEGORY: CLASSIFICATION

TARIFF NO.: 1704.90.3590

Ms. Janet Freese
Paper Magic Group
401 Adams Avenue
Scranton, PA 18510

RE: The tariff classification of gummy candies from China.

Dear Ms. Freese:

In your letter dated September 27, 2006, you requested a tariff classification ruling.

A description and a sample were submitted with your request. The sample was examined and disposed of. Item nos. 84542200-grape, 84542220-strawberry, 84542300-lemon, and 84542390-cherry, are individually wrapped heart-shaped gummy candies measuring approximately 1” x 1” x ¼-inch. The ingredients listed on the clear plastic wrapper include glucose syrup, sugar, water, gelatin, citric acid, lactic acid, artificial flavoring, white mineral oil, beeswax, and artificial colors. The individually wrapped candies are put up in clear plastic bags holding 22 candies each. Your letter states the candies will be imported in bulk and subsequently included in Valentine Exchange Cards for retail sale.

The applicable subheading for Item nos. 84542200-grape, 84542220-strawberry, 84542300-lemon, and 84542390-cherry gummy candies will be 1704.90.3590, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Sugar confectionery (including white chocolate), not containing cocoa: Other: Confections or sweetmeats ready for consumption: Other: Other...Other. The duty rate will be 5.6 percent ad valorem.

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/.

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.

Sincerely,

Robert B. Swierupski
Director,

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