CLA-2-17:RR:NC:SP:232 D81226
Mr. Carlos Yeung
Au'some Candies, Inc.
525 Milltown Road, Suite 208
North Brunswick, NJ 08902
RE: The tariff classification of Candy Novelties from China.
Dear Mr. Yeung:
In your letter dated July 29, 1998, you requested a tariff
classification ruling.
You submitted descriptive literature and samples with your
request. The merchandise in question is two varieties of candy
novelty. The first is described as a "sports candy dispenser".
This consists of a hard plastic dispenser in the shape of either a
football or a softball. The sample supplied was of the softball
type, a white ball approximately 2 1/4 inches in diameter, which
will dispense the candies one at a time. Packaged with the
dispenser are three rolls of candy discs, 10/16 of an inch in
diameter by 2/16 of an inch thick in assorted fruit flavors and
pastel colors, with a net weight of 24 grams. The candies are
stated to contain dextrose, maltodextrin, citric acid, magnesium
stearate, and artificial flavors and colors.
The second item is a "Mighty Chew bubble gum dispenser". The
clear-topped plastic dispenser is teardrop-shaped, 3 3/4 inches
long, 2 3/4 inches wide at its widest part, and 1 inch deep. It
contains a cog mechanism to move and dispense the strip of gum
which is spooled in the center, similar to the action of a tape
measure. The gum is said to consist of sugar, gum base, corn
syrup, citric acid, artificial flavors and colors.
The applicable subheading for the "Mighty Chew bubble gum
dispenser" will be 1704.10.0000, Harmonized Tariff Schedule of the
United States (HTS), which provides for Sugar confectionery
(including white chocolate), not containing cocoa: Chewing gum,
whether or not sugar-coated. The rate of duty will be 4.3 percent
ad valorem.
The applicable subheading for the "sports candy dispenser"
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.
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