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-



Robert B. Swierupski


National Commodity

Specialist Division