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NY A85270





July 17, 1996

CLA-2-21:RR:NC:FC:232 A85270

CATEGORY: CLASSIFICATION

TARIFF NO.: 2101.30.0000

Mr. Robert E. Okerlund
Seven Seas Trading Co.
1313 East 5th Street
Minneapolis, MN 55414

RE: The tariff classification of Roasted Coffee Substitutes from Switzerland..

Dear Mr. Okerlund:

In your letter dated June 20, 1996, you requested a tariff classification ruling.

You submitted descriptive literature and sample product labels with your request. The merchandise in question is two varieties of roasted coffee substitute: "Bevica" and "Nocca". The labels indicate that these products will be imported in 125 gram canisters, ready for use. The consumer adds the powdered product to water or milk to produce a beverage. The "Bevica" is said to contain roasted rye, barley, wheat and chicory. The "Nocca" is said to consist of roasted chicory, rye, barley, figs and acorns.

The applicable subheading for the "Bevica" and the "Nocca" will be 2101.30.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Roasted chicory and other roasted coffee substitutes and extracts, essences and concentrates thereof. The rate of duty will be 2.9 cents per kilogram.

Additional requirements may be imposed on this product by the Food and Drug Administration. You may contact the FDA at:

Food and Drug Administration Guidelines and Regulations Branch HFF 314, 200 C Street, S.W. Washington, D.C. 20204

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 Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this 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 John Maria at 212-466-5730.

Sincerely,

Roger J. Silvestri

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