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NY 872423


April 3, 1992

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 2007.91.4000

Mr. Richard C.J. Sidoli
R.C.J.S., Inc.
2 Sherwood Terrace
Yonkers, NY 10704

RE: The tariff classification of marmalades from England

Dear Mr. Sidoli:

In your undated letter, received on March 17, 1992, you requested a tariff classification ruling.

Ingredients breakdowns for three products, and a sample of one, accompanied your letter. The sample was opened, examined, and disposed of. The products are orange marmalades with added liqueur. The sample, Orange and Whiskey Marmalade, was a jelly- like spread containing shreds of orange rind suspended in the gel. Other varieties are Orange and Cognac and Orange and Cointreau. All are composed of 65 percent sugar, 31 percent orange, 3.5 percent water, and .5 percent liqueur, and are prepared by boiling and holding for 20 minutes, then vacuum sealing. The marmalades will be put up in glass jars containing 1.5, 4, 8, and 12 ounces, net weight.

The applicable subheading for the marmalades will be 2007.91.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for jams, fruit jellies, marmalades...being cooked preparations... other...citrus fruit...orange marmalade. The rate of duty will be 5.5 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.

The importation of this merchandise may be subject to restrictions imposed by the United States Department of Agriculture and/or Food and Drug Administration. It is suggested you contact these agencies directly for further information.

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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