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NY 817539




December 29, 1995

CLA-2-20:RR:NC:FC:228 817539

CATEGORY: CLASSIFICATION

TARIFF NO.: 2005.20.0060; 2005.20.0020

Mrs. Robin Fortin
21 Auerbach Lane
Lawrence, NY 11559

RE: The tariff classification of potato chips from England

Dear Mrs. Fortin:

In your letter dated November 29, 1995 you requested a tariff classification ruling.

As sample accompanied your letter, and was examined and disposed of. "Really Ruthless" brand potato chips consist of sliced potatoes, fried in oil, and seasoned with a mixture of spices. The sample is put up in a sealed, metallized film bag containing 30 grams, net weight.

The applicable subheading for the potato chips will be 2005.20.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen...potatoes ...other. The rate of duty will be 9.4 percent ad valorem. In 1996, the applicable subheading will be 2005.20.0020, HTS, which will provide for potato chips. The 1996 rate of duty will be 8.8 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

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 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.

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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