HS Code for Candy

Candy, or sugar confectionery, is classified under HS code 1704.90. This code is found in Chapter 17, which covers sugars and sugar confectionery. Heading 1704 specifically addresses sugar confectionery that does not contain cocoa. The subheading 1704.90 is a residual category for all sugar confectionery other than chewing gum (which is 1704.10). To be classified here, the product must be a preparation consisting primarily of sugar and other sweetening agents, often combined with flavorings, colorings, and binding agents like gelatin or starch. This includes a vast array of products from hard-boiled sweets to soft gummies. A critical rule for this classification is the absence of cocoa. If a product contains even a small amount of cocoa, it is generally excluded from Chapter 17 and must be classified under Chapter 18. White chocolate is a notable exception; because it contains cocoa butter but no cocoa powder (solids), it is legally classified as sugar confectionery under 1704.90 rather than as chocolate.

Products Included

• Hard-boiled candies and lollipops
• Gummy bears and jelly-based sweets
• Caramels, toffees, and nougats
• White chocolate (containing cocoa butter but no cocoa solids)
• Marshmallows and pastilles

Common Misclassification

The most frequent misclassification is with HS code 1806.90, which covers chocolate and other food preparations containing cocoa. If a candy has a chocolate coating or cocoa powder mixed into the center, it must move to 1806. Another common error involves HS code 1704.10, which is strictly for chewing gum, whether or not sugar-coated. Additionally, medicated pastilles or cough drops are sometimes confused with 1704.90, but if they contain medicinal properties in specific dosages, they may fall under Chapter 30 (Pharmaceuticals).

FAQ

What is the HS code for gummy candy?

Gummy candy is classified under HS code 1704.90, provided it does not contain cocoa.

Is white chocolate classified as candy or chocolate?

In the Harmonized System, white chocolate is classified as sugar confectionery under 1704.90 because it lacks cocoa solids.