CLA-2-17:RR:NC:SP:232 D80674
Mr. Carlos Yeung
Au'some Candies, Inc.
525 Milltown Roar, Suite 208
North Brunswick, NJ 08902
RE: The tariff classification of Super Suckers from China.
Dear Mr. Yeung:
In your letter dated July 27, 1998, you requested a tariff
classification ruling.
You submitted descriptive literature and a sample with your
request. The subject merchandise is a "Super Sucker" which is a 4
inch tall lollypop with a distinctive handle. Instead of a having
a stick or a cardboard shaft like a conventional lollypop, the
handle of the "Super Sucker" is a 2 1/2 inch tall, 1/2 inch
diameter, cylinder of hard candy containing multi-colored speckles
of bubble gum, encased in a plastic sheath. The ingredients of
this product are said to be sugar, corn syrup, dextrose, gum base,
maltodextrin, lactic acid, magnesium stearate, malic acid, citric
acid, flavors and colors.
The applicable subheading for the "Super Sucker" 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.
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 CFR Part 134). The sample you have 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 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