The tariff classification of “Energy Lollipops” from New Zealand

NY I80347 April 23, 2002 CLA-2-17:RR:NC:SP:232 I80347 CATEGORY: Classification TARIFF NO.: 1704.90.3550 Ms. Rachel Roper New Zealand Trade Development Board – LA Office New Zealand Consulate General 12400 Wilshire Boulevard, Suite 1120 Los Angeles, CA 90025 RE: The tariff classification of “Energy Lollipops” from New Zealand Dear Ms. Roper: In your letter dated March 25, 2002, on behalf of Vivesco Limited, you requested a tariff classification ruling. You submitted descriptive literature and a product sample with your request. The subject merchandise is “epops”: lollipops that are blister packed to a cardboard rectangle and then individually foil wrapped. They are marketed as “energy on a stick”. These lollipops are said to contain sucrose, glucose, guaraná extract, taurine, caffeine, inositol, flavors, colors, and assorted vitamins. Although shaped as lollipops these goods are not intended for children. The applicable subheading for the “epops” lollipops 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 5.6 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. The Food and Drug Administration may impose additional requirements on this product. You may contact the FDA at: Food and Drug Administration Division of Import Operations and Policy 5600 Fishers Lane Rockville, Maryland 20857 Telephone: (301) 443-6553 This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). A copy of the 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 (646) 733-3031. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division