CLA-2-17:RR:NC:SP:232 C88472
Mr. James E. Unger
CBC Customhouse Brokers, Inc.
PO Box 646
Wood Dale, IL 60191
RE: The tariff classification of Confectionery in Metal Containers from the
United Kingdom and China.
Dear Mr. Unger:
In your letter received June 2, 1998, you requested a tariff classification
ruling.
You submitted samples and some descriptive literature. The merchandise in
question is several varieties of confectionery, none of which are said to
contain any cocoa or any nuts, which will be imported retail packed in reusable
decorative metal containers. All of the containers are described as being
manufactured from milled steel sheet, coated with a thin film of raw steel to
which an ink coating is applied.
The "Cats Miniatures" is a 1 1/2 inch diameter, 3/4 inch deep
pillbox-shaped tin which contains 12 grams of mini mints. These mints are said
to contain sugar, cornstarch, peppermint oil, and glazing agents. The "Cats
Gallery" is an oval tin, approximately 5 inches by 4 1/4 inches, 1 1/4 inch
deep, the lid of which is decorated with a mock copy of a famous work of art in
which the main character is replaced with a cat; in the sample it was "Blue
Boy". This item contains 200 grams of mini fruit bonbons, individually
foil-wrapped candies which are stated to consist of sugar, glucose syrup, citric
acid, flavors and colors. The third product is the "Fun Souvenir Kiosk", which
is a 5 1/2 inch tall coin bank with a 3 inch square base. This container is
said to be made in China. All of the other products covered in this ruling are
said to be manufactured in the United Kingdom. This bank contains 200 grams of
individually wrapped fruit jellies which are said to be made of sugar, glucose
syrup, water, pectin, fruit juice, citric acid, flavors and colors.
The next item is the "Telephone Kiosk", a 6 inch tall coin bank with a 3
inch square base which is decorated to resemble a British telephone call box.
It contains 200 gram of toffees, individually foil-wrapped candies described as
consisting of glucose syrup, sugar, full cream sweetened condensed milk,
hydrogenated vegetable oil, butterfat, salt, emulsifier, vanillin and flavors.
The last product to be discussed is butterscotch which will be imported in an
octagonal container of which no sample was supplied. The butterscotch is stated
to consist of sugar, glucose syrup, butter oil, invert sugar, treacle, salt, and
lecithin. All samples are being returned to you as per your request.
The applicable subheading for the mini mints, the mini fruit bonbons, the
fruit jellies, the toffees, and the butterscotch 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:
Confections or sweetmeats ready for consumption: Other: Other...Put up for
retail sale: Other. The rate of duty will be 6.1 percent ad valorem.
The applicable subheading for the "Cats Gallery", the "Fun Souvenir Kiosk",
and the "Telephone Kiosk" containers will be 7323.99.9060, Harmonized Tariff
Schedule of the United States (HTS), which provides for table, kitchen or other
household articles and parts thereof, of iron or steel...: Other: Other: Not
coated or plated with precious metal: Other: Other...Other. The rate of duty
will be 3.4 percent ad valorem.
The applicable subheading for the "Cats Miniatures" container will be
7326.90.3500, Harmonized Tariff Schedule of the United States (HTS), which
provides for Other articles of iron or steel: Other: Other: Containers of a kind
normally carried on the person, in the pocket or in the handbag. The rate of
duty will be 7.8 percent ad valorem.
The product line indicated by your literature and samples is more extensive
than is covered by this ruling. Rulings are limited to five items at a time.
We can issue additional rulings for candies in specific containers if so
desired. Multiple requests are permitted. Please resubmit such requests with
the items grouped by kind, indicating the breakdown of component materials by
weight and percentage of ingredients for all varieties of candy. When all this
information is available you may wish to consider submission of further
requests.
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 (19 C.F.R. Part 134). The samples you have submitted
do not appear to be properly marked with the country of origin. While "Made in
UK" may be appropriate for the candies, there is no indication of the origin of
the containers. You may wish to discuss the matter of country of origin marking
with the Customs Import Specialist at the proposed port of entry.
Additional requirements may be imposed on these products by the Food and
Drug Administration. You may contact the FDA at:
Food and Drug Administration
Guidelines and Regulations Branch HFF 314, 200
C Street, S.W. Washington, D.C. 20204
This ruling is being issued under the provisions of Part 177 of the Customs
Regulations (19 C.F.R. 177).
A copy of this 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 212-466-
5730.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division