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NY B84818




May 1, 1997

CLA-2-18:RR:NC:SP:232 B84818

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.90.9010

John J. Flora III
Post Office Box 369
Moyock, NC 27958

RE: The tariff classification of Leonidas Confectionery from Belgium.

Dear Mr. Flora:

In your letter dated April 23, 1997, on behalf of Daniel Abittan of Antwerp, Belgium, you requested a tariff classification ruling.

You submitted a representative sample and descriptive literature with your request. The subject merchandise is an assortment of fine chocolate bonbons, of various shapes, ready for consumption and packaged for retail sale. The supplied information states that the chocolate candy contains nuts, jellies, and other sweet fillings.

The applicable subheading for the confectionery will be 1806.90.9010, Harmonized Tariff Schedule of the United States (HTS), which provides for Chocolate and other food preparations containing cocoa: Other: Other: Other: Other...Confectionery. The rate of duty will be 6.5 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.

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

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,

Gwenn Klein Kirschner

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