NY 815421: The tariff classification of various confectionery products from Hungary.

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            NY 815421

                         October 18, 1995

CLA-2-17:R:N2:232 815421  

CATEGORY:      Classification

TARIFF NO.:    1704.90.2005; 1806.90.9000; 1905.30.0040  

Ms. Billie L. McClintock
L & I Imports
P.O. Box 994
Somerset, PA 15501

RE:  The tariff classification of various confectionery products
     from Hungary.

Dear Ms. McClintock:

     In a copy of your letter dated May 24, 1995, received in New
York on October 2, 1995, you requested a tariff classification
ruling.  

     You submitted five samples with your request: "Karamella",
"Twisty Sticks", "Walnut Gold Angel", "Gipsy Boy" and "Gipsy
Lady".  The "Karamella" are individually foil-wrapped
confections, packaged for retail sale in 120 g packets.  They are
said to consist of sugar, glucose syrup, condensed milk,
margarine, salt, vanillin, and sodium bicarbonate.  The "Twisty
Sticks" are approximately 8 inch long spirals of red/white/blue
wrapped in cellophane.  They will be imported in 1 gallon jars. 
The "Twisty Sticks" are said to be made of sugar, corn syrup,
citric acid, coloring and flavors.

     The "Walnut Gold Angel"s are individually foil-wrapped,
chocolate covered confections.  You indicated that they will be
imported in 1 1/2 pound boxes.  They are stated to contain sugar,
vegetable fat, glucose syrup, cocoa powder, lowfat milk powder,
and small quantities of various other ingredients. 

     The "Gipsy Lady" and "Gipsy Boy" are baked wafer cookies
with cream filling, covered with chocolate, commercially packaged
in a 4.6 oz tray.  The "Gipsy Lady" are stated to consist of
lemon cream, chocolate, wheat flour, cornflakes, vegetable fat,
milk powder egg powder, sodium bicarbonate, lecithin, salt, and
flavoring.  The "Gipsy Boy" are said to contain hazelnut cream,
milk chocolate, wheat flour, cornflakes, vegetable fat, milk
powder, sodium bicarbonate, egg powder, lecithin, and salt.

     The applicable subheading for the "Karamella" and the
"Twisty Sticks" will be 1704.90.2005, 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...Put up for retail sale.  The duty rate will be 6.8
percent ad valorem.

     The applicable subheading for the "Walnut Gold Angel" will
be 1806.90.9000, Harmonized Tariff Schedule of the United States
(HTS), which provides for Chocolate and other food preparations
containing cocoa: other...other...other...other...other.  The
duty rate will be 6.8 percent ad valorem. 

     The applicable subheading for the "Gipsy Lady" and "Gipsy
Boy" will be 1905.30.0040, Harmonized Tariff Schedule of the
United States (HTS), which provides for Bread, pastry, cakes,
biscuits and other bakers' wares, whether or not containing
cocoa...Sweet biscuits, waffles and wafers...other.  The duty
rate will be free.

     Articles classifiable under subheadings 1704.90.2005 and
1806.90.9000, HTS, which are products of Hungary are entitled to
duty free treatment under the Generalized System of Preferences
(GSP) upon compliance with all applicable regulations, if the GSP
is renewed.

     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 all 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 Section
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,




                                        Roger J. Silvestri
                                        Director,
                                        National Commodity
                                        Specialist Division