The tariff classification of "Rattlerz" from China
Issued August 4, 2010 by U.S. Customs and Border Protection.
Tariff classification
HTS codes: 1704.90.3550
Headings: 1704
Product description
The product, “Rattlerz”, is described as a lollipop in a baby rattle-shaped screw top container that also contains loose, crunchy “sprinkle” size candy. The lollipop and sprinkle candy is said to contain sugar, corn syrup, citric acid, natural and artificial flavors, red 40, Malic acid, titanium dioxide, carmine, turmeric, blue1 lake, confectionery glaze, carnauba was and beeswax. The lollipop is affixed to the rattle shaped handle and screws to the top of the clear dome holding the sprinkle-like candy. To consume the candy, the user will remove the handle exposing and then licking the lollipop. The consumer can dip the lollipop into the sprinkles, causing the sprinkles to become affixed to the lollipop. The added effect is flavor enhancement and a little noise when the consumer shakes or dips the candy. The plastic rattle shaped container is nothing more than packaging for the lollipop and the sprinkle-like candy.
CBP rationale
the sprinkle-like candy. To consume the candy, the user will remove the handle exposing and then licking the lollipop. The consumer can dip the lollipop into the sprinkles, causing the sprinkles to become affixed to the lollipop. The added effect is flavor enhancement and a little noise when the consumer shakes or dips the candy. The plastic rattle shaped container is nothing more than packaging for the lollipop and the sprinkle-like candy. The applicable subheading for the Rattler 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 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.
Full text
N114875 August 4, 2010 CLA-2-17:OT:RR:NC:232 CATEGORY: Classification TARIFF NO.: 1704.90.3550 Ms. Barbara Y. Wierbicki Tompkins & Davidson, LLP 5 Hanover Square, 15th floor New York, NY 10004 RE: The tariff classification of “Rattlerz” from China Dear Ms. Wierbicki: In your letter dated July 13, 2010, you requested a tariff classification ruling, on behalf of your client, The Topps Company, Inc. The product, “Rattlerz”, is described as a lollipop in a baby rattle-shaped screw top container that also contains loose, crunchy “sprinkle” size candy. The lollipop and sprinkle candy is said to contain sugar, corn syrup, citric acid, natural and artificial flavors, red 40, Malic acid, titanium dioxide, carmine, turmeric, blue1 lake, confectionery glaze, carnauba was and beeswax. The lollipop is affixed to the rattle shaped handle and screws to the top of the clear dome holding the sprinkle-like candy. To consume the candy, the user will remove the handle exposing and then licking the lollipop. The consumer can dip the lollipop into the sprinkles, causing the sprinkles to become affixed to the lollipop. The added effect is flavor enhancement and a little noise when the consumer shakes or dips the candy. The plastic rattle shaped container is nothing more than packaging for the lollipop and the sprinkle-like candy. The applicable subheading for the Rattler 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 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, Robert B. Swierupski Director National Commodity Specialist Division
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