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NY 814254



September 25, 1995

CLA-2-18:R:N2:228 814254

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.90.9000, 2008.99.2800

Mr. Cesare Gallo
Gallo Brokerage
93 Willow Street
Wilkes Barre, PA 18702-1508

RE: The tariff classification of fig products from Italy.

Dear Mr. Gallo:

In your letter dated August 23, 1995 you requested a tariff classification ruling.

The samples of four products, submitted with your letter, were examined and disposed of. "Fichi Del Cosentino di Trecce" are dried figs that have been baked, "braided" (arranged into two overlapping rows and secured with wooden dowels), and wrapped in plastic. These figs are available in quantities weighing 300 grams, 500 grams or 1 kilogram. "Fichi Alle Mandorle" are dried figs that have been baked and stuffed with almonds and coated with syrup. They are packaged in cardboard boxes containing 350 grams, net weight. "Bocconicini Misti Ricoperti Al Cioccolato" is an assortment of pieces of fig paste made from dried figs, flavored with coffee, rum, orange, lemon, or gianduia and covered with dark or white chocolate, or with orange or lemon-flavored icing. The assortment is available in basket-like packages weighing 300 grams or 500 grams, net weight. "Fichi Al Cioccolato" are baked, dried figs covered with fondant chocolate, and packaged in cardboard boxes containing 350 grams, net weight.

The applicable subheading for the "Fichi Al Cioccolato" and the "Bocconicini Misti Ricoperti Al Cioccolato" will be 1806.90.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for chocolate and other food preparations containing cocoa: other...other...other...other...other. The rate of duty will be 6.8 percent ad valorem.

The applicable subheading for the "Fichi Del Cosentino" and "Fichi Alle Mandorle" will be 2008.99.2800, Harmonized Tariff Schedule of the United States (HTS), which provides for fruit...otherwise prepared or preserved, whether or not containing added sugar...other...other...figs. The rate of duty will be 11.6 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 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 Stanley Hopard at 212-466-5760.

Sincerely,

Roger J. Silvestri
Director

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