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NY N008599

April 18, 2007



TARIFF NO.: 2106.90.9972, 1704.90.3550

Mr. Shachar Gat
Shonfeld’s USA, Inc.
3100 S. Susan Street
Santa Ana, CA 92704

RE: The tariff classification of a drink mix and gummy worms from China.

Dear Mr. Gat:

In your letter dated February 23, 2007, you requested a tariff classification ruling.

Ingredients breakdowns and a sample were submitted with your request. The sample was examined and disposed of. Item No. DM-223072 Scary Berry Blue Elixir consists of a long-necked 500-ml bottle, measuring approximately 10.6 inches tall and 4 inches in diameter, filled with a blue-colored drink mix. The drink mix contains 62.22 percent water, 36.8 percent sugar, and less than one percent, each, of citric acid, natural and artificial flavor, sodium benzoate, potassium sorbate, and color. Affixed to the neck of the bottle with rawhide is a package containing four gummy candies in the shape of worms. The gummy worms measure approximately 3-1/2 inches long and 5/8 in wide, and consist of 41 percent glucose syrup, 32 percent sugar, 15 percent water, 8.3 percent gelatin, 2 percent sorbitol, 1.08 percent citric acid, and less than one percent each of malic acid, bees wax, flavor, and color. Instructions on a hangtag direct the consumer to add 1-1/2 ounces of vodka to 3 ounces of martini mix to make a flavored martini, and to use a gummy worm as a garnish.

The applicable subheading for the gummy worms contained in item no. DM-223072 Scary Berry Blue Martini Elixir, will be 1704.90.3550, HTSUS, which provides for sugar confectionery (including white chocolate), not containing cocoaother confections or sweetmeats ready for consumptionotherother put up for retail saleother. The rate of duty will be 5.6 percent ad valorem.

The applicable subheading for the drink mix contained in item no. DM-223072 Scary Berry Blue Martini Elixir will be 2106.90.9972, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for food preparations not elsewhere specified or includedotherother preparations for the manufacture of beverages containing sugar derived from sugar cane and/or sugar beets. The rate of duty will be 6.4 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/.

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 submitted does not appear to be 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 Stanley Hopard at 646-733-3029.


Robert B. Swierupski

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