The tariff classification of Chewy Sweets from Germany

N233735 September 28, 2012 CLA-2-17:OT:RR:NC:232 CATEGORY: Classification TARIFF NO.: 1704.90.3550 Ms. Heike Schulte VIVIL GMBH & CO. KG Moltkestrasse 33 Offenburg, Germany 77654 RE: The tariff classification of Chewy Sweets from Germany Dear Ms. Schulte: In your letter dated September 26, 2012 you requested a tariff classification ruling. You submitted product samples and descriptive literature with your request. Samples were reviewed and disposed of. The subject merchandise consists of two soft roll shape candies: Chewy Sweets Mint and Chewy Sweets Fruit. The products are described as ½ inch round chewy candies in mint and fruit flavors. They are products of Germany and are packaged for retail sale. Chewy Sweets Mint is said to contain 64-68 percent sugar, 27-31 percent glucose syrup, 1.7-1.9 percent vegetable oil, and one percent or less of the following: starch (rice/corn), thickener, gelatin, emulsifier, natural flavoring, and glazing agent. Chewy Sweets Fruit is said to contain 63-67 percent sugar, 27-31 percent glucose syrup, 1.7-1.9 percent vegetable oil, and one percent or less of the following: citric acid, starch (rice/corn), thickener, gelatin, emulsifier, natural flavoring, coloring (beetroot red, beta carotene) and glazing agent. The applicable subheading for both Chewy Sweets Mint and Chewy Sweets Fruit 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. 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/. 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 Frank Troise at (646) 733-3031. Sincerely, Thomas J. Russo Director National Commodity Specialist Division