The tariff classification of various candy snow globes from China

NY M83479 May 23, 2006 CLA-2-17:RR:NC:SP:232 M83479 CATEGORY: Classification TARIFF NO.: 1704.90.3550; 3926.40.0000; 9505.10.2500 Ms. Connie L. Rose Hasbro, Inc. 200 Narragansett Park Drive P.O. Box 200 Pawtucket, RI 02862-0200 RE: The tariff classification of various candy snow globes from China Dear Ms. Rose: In your letter dated May 9, 2006 you requested a tariff classification ruling. A sample of the Springtime Candy Snow Globe (item 12362) was submitted with your request. The subject merchandise consists of a white plastic bunny inside a clear plastic globe. The dome-shaped globe is approximately 3½ inches high and 1½ inches wide. The globe is filled with a liquid sugar candy, which contains small purple colored flakes. The candy is consumed by opening a cover on the top of the globe. The product label indicates that the candy contains liquid sugar, corn syrup, water, citric acid, glycerin, artificial flavor and sodium benzoate. The flakes consist of sodium alginate, calcium chloride and carmine-lake. The imported merchandise will also include a Holiday Snow Globe (item 12430), which, instead of an bunny, will contain a snowman, or a reindeer snowman, or a Santa Claus snowman. Pictures of these products were included with your request. All of the globes are shrink-wrapped. The Springtime Candy Snow Globe and the Holiday Snow Globes are not classified as sets for tariff classification purposes, since the components are not put up together to meet a particular need or the carry out a specific activity. Therefore, the liquid sugar candy and the globes must be classified separately. The applicable subheading for the liquid sugar candy 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 duty rate will be 5.6 percent ad valorem. The applicable tariff provision for the Snow Globe containing the bunny, the snowman and the reindeer snowman will be 3926.40.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics, statuettes and other ornamental articles. The rate of duty will be 5.3 percent ad valorem. The applicable subheading for the Snow Globe containing the Santa Claus snowman will be 9505.10.2500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Festive...articles for Christmas festivities and parts and accessories thereof: Christmas ornaments: Other: Other. The rate of duty will be free. 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/. The liquid sugar candy 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 John Maria at 646-733-3031. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division