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NY 868006


October 24, 1991

CLA-2-20:S:N:N1:228

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.60.0060

Mr. Ernest Ferrante
Kuehne & Nagel, Inc.
10 Exchange Place
Jersey City, NJ 07302

RE: The tariff classification of cherries in syrup from Germany

Dear Mr. Ferrante:

In your letter dated October 9, 1991, on behalf of Dohler Patisserie, Inc., New Brunswick, NJ, you requested a tariff classification ruling.
A sample and product information were submitted with earlier correspondence. The sample was examined and disposed of. Product No. 3046 Amarena Cherries consists of whole, pitted, morello cherries of Italian origin, in a syrup composed of sucrose, glucose, cherry juice, coloring, citric acid, and natural flavors. The product will be imported in 5.6-kilogram plastic buckets, and used as a topping for ice cream, sundaes, and other desserts.

The applicable subheading for the No. 3046 Amarena Cherries will be 2008.60.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for fruit...otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit... cherries...other...tart varieties. The rate of duty will be 15.4 cents per kilogram, plus 10 percent ad valorem.

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 (19 CFR Part 134). The samples you have submitted do 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 ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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