The tariff classification of peppermint candy, a drink mix, a plastic shaker with cap, and a metal tray with handles from China.

N013506 July 10, 2007 CLA-2-17:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 1704.90.3550, 2106.90.9972, 3924.10.4000, 7323.99.9060 Mr. Shachar Gat Shonfeld’s USA, Inc. 3100 S. Susan Street Santa Ana, CA 92704 RE: The tariff classification of peppermint candy, a drink mix, a plastic shaker with cap, and a metal tray with handles from China. Dear Mr. Gat: In your letters dated June 14, 2007 you requested a tariff classification ruling. A sample, ingredients breakdowns, and pictorial literature were submitted with your letter. The sample was examined and disposed of. Item no. DM-223115 Chocolatini Tray consists of a bottle of peppermint candy, a bottle of drink mix, and a plastic shaker, in a metal mesh tray. The crushed peppermints consist of sugar, corn syrup, water, flavor, citric acid, titanium dioxide, and color, and are packed in a 225-ml bottle, measuring approximately 4 inches tall and 2-1/2 inches in diameter. The Chocolatini drink mix contains water, sugar, caramel color, natural and artificial flavor, citric acid, sodium benzoate, and potassium sorbate, and is put up in a frosted, flask-shaped, 500-ml bottle, measuring approximately 5-1/4 inches tall and 5 inches wide. The plastic shaker measures 5-1/5 inches tall and 2-1/2 inches in diameter and has a perforated cover and cap. The peppermints, drink mix and shaker are retail packed in a steel mesh tray measuring 7 inches wide, 15-inch long, and 2½-inch deep, with wood dowel handles. The applicable subheading for the crushed peppermints, will be 1704.90.3550, Harmonized Tariff Schedule of the United States (HTSUS), 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. The applicable subheading for the Chocolatini drink mix, will be 2106.90.9972, HTSUS, which provides for food preparations not elsewhere specified or included…other…other… preparations for the manufacture of beverages… containing sugar derived from sugar cane and/or sugar beets. The duty rate will be 6.4 percent ad valorem. The applicable subheading for the plastic shaker will be 3924.10.4000, HTSUS, which provides for tableware, kitchenware, other household articles…of plastics…tableware and kitchenware…other. The rate of duty will be 3.4 percent ad valorem. The applicable subheading for the steel tray with handles will be 7323.99.9060, HTSUS, 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. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. 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 (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. This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html. 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 Stanley Hopard at 646-733-3029. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division