CLA-2-17:RR:NC:SP:232 B83564
Mr. Ron Grattini
Children's Marketing Partners
Peninsula Pointe, Suite 255
Rolling Hills Estates, CA 90274
RE: The tariff classification of Candy Novelties from China.
Dear Mr. Grattini:
In your letter received March 21, 1997, on behalf of World Toy
Alliance, you requested a tariff classification ruling.
You submitted samples with your request. The merchandise in
question is several types of children's novelties incorporating
sugar or sugar-based shapes. The first item is a "Powder Candy
Jewelry Kit" which consists of a hollow plastic form suspended
from a plastic string, a small plastic funnel, and six packets of
candy powder of varying colors, all attached to a sheet of
cardboard. The candy powder is said to consist of 99.8 percent
sugar, with traces of malic acid, flavors and colors. The purpose
of the kit is so the purchaser can use the colors of candy powder
to fill the plastic form, much as is the practice in decorating
with colored sand, and create a necklace that is decorative and yet
edible, reusable and changeable.
The second item is a "Hard Candy Jewelry Kit" which is a kit
containing various colors of hard candy beads and larger stamped
shapes, all suitable for threading upon the enclosed plastic string
to make necklaces or bracelets. These parts are packed in a
cardboard box containing a compartmentalized plastic tray which
separates the various shapes and colors. The candy is said to
contain sugar, dextrose, malto-dextrine, malic acid, magnesium
stearate, flavors and colors.
The third item is "Bloodsuckers", a 1 3/4 inch long molded
hard candy head mounted upon a squeezable 3 1/2x1 inch cylinder
containing a candy gel. The consumer compresses the tube to force
the gel up and out through the eyeholes of the candy head. The
candy head is said to consist of sugar, malto-dextrine, malic acid,
magnesium stearate, flavors and colors. The gel is stated
to contain sugar, water, gelatin, glycerine, citric acid, flavors
and colors.
The fourth item is "Box of Bones", a transparent, colored plastic coffin, with dimensions of 4x2x1 inch, and detailed with
embossed skeleton figures on the base and lid. It is filled with
pastel colored candies stamped into the shapes of various bones.
The bones are said to consist of sugar, malto-dextrine, magnesium
stearate, malic acid, and colors.
The fifth item is a 3 inch tall flocked plastic figure of a
bear filled with hard glazed sugary pellets. The candy is visible
through a clear plastic insert in the bear's stomach and
retrievable by removing a plug from the bear's base. The candy
pellets are said to contain sugar dextrose, malto-dextrine,
magnesium stearate, malic acid, and colors.
The applicable subheading for the "Powder Candy Jewelry Kit",
the "Hard Candy Jewelry Kit", the "Bloodsuckers", the "Box of
Bones" and the candy pellets inside the plastic bear figure will be
1704.90.3505, 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. The
rate of duty will be 6.3 percent ad valorem.
The applicable subheading for the plastic bear will be
9503.49.0020, Harmonized Tariff Schedule of the United States
(HTS), which provides for Other toys: toys representing animals or
non-human creatures and parts and accessories thereof: Other...Toys
not having a spring mechanism: Other. The rate of duty will be
free.
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 samples you have
submitted do 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.
Additional requirements may be imposed on this product 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,
Gwenn Klein Kirschner
Chief, Special Products Branch
National Commodity
Specialist Division