CLA-2-21:RR:NC:2:228 C87089

Francis A Keegan
Amco Customs Brokerage Company, Inc.
P.O. Box 264
Essington, PA 19029

RE: The tariff classification of sugarless mints from Finland.

Dear Mr. Keegan:

In your letter dated April 21, 1998, on behalf of Mark Reynolds, Westport, CT, you requested a tariff classification ruling.

A sample and a brochure accompanied your letter. The sample was examined and disposed of. "Plakaway Fresh Start" dental mints are white tablets, measuring 1/2 inch in diameter, composed of xylitol, natural flavors, magnesium sterate, gelatin, silica dioxide, carnauba wax, and bees wax. The product is put up in a plastic container with a flip top lid, containing 180 mints. The mints are said to neutralize plaque acids to reduce the formation of plaque, re-mineralize tooth enamel, and freshen breath.

The applicable subheading for the Plakaway Fresh Start dental mints will be 2106.90.9985, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or included: other... other...other: confectionery (including gum) containing synthetic sweetening agents (e.g.,saccharin) instead of sugar. The rate of duty will be 7.6 percent ad valorem.

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 212-466-5760.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division