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NY 874967


June 16, 1992

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.99.9090

Ms. Joanie Brooks
Union Fish Company
44 Montgomery Street Suite 2350
San Francisco, CA 94104-4710

RE: The tariff classification of seaweed salad from Japan

Dear Ms. Brooks:

In your letter dated June 2, 1992, you requested a tariff classification ruling.

A sample, submitted under separate cover, was examined and disposed of. Seaweed Salad consists of approximately 80 percent raw, shredded seaweed, 11 percent raw agar-agar, 8 percent seasonings (i.e., sesame oil and chili pepper), and one percent cooked kikurage mushrooms. The product is imported frozen, packed in plastic bags inside square, plastic boxes, containing 4.4 pounds, net weight. It will be sold at retail or to food service customers, and used as an appetizer or condiment.

The applicable subheading for the seaweed salad will be 2008.99.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for other edible parts of plants, otherwise prepared or preserved... other...other...other. The rate of duty will be 7 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 sample you have submitted does 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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