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NY C82780




January 16, 1998

CLA-2-18:RR:NC:SP:232 C82780

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.90.9090

Ms. Bonnie Heineman Wolfe
New venture Development Corporation
751 Miller Drive, S.E., Suite I-2
Leesburg, VA 20175

RE: The tariff classification of Nutkao Bicolor Hazelnut Cream Spread from Italy.

Dear Ms. Wolfe:

In your letter dated December 10, 1997, you requested a tariff classification ruling.

You submitted descriptive literature and product samples with your request. The subject merchandise is a creamy spread, half beige colored and half brown, which is intended for use on bread, crackers, crepes, etc.. It will be imported retail packed in 400 or 750 gram glass jars with plastic lids. The beige portion is said to consist of 52 percent sugar, 25 percent vegetable oil, 11 percent thin milk powder, 8.5 percent milk powder, 3 percent hazelnuts, and trace of lecithin. The brown portion is stated to contain 51 percent sugar, 23.5 percent vegetable oil, 8 percent cocoa powder, 7 percent hazelnuts, 6 percent thin milk powder, 4 percent milk powder, and a trace of lecithin.

The applicable subheading for the hazelnut cream spread will be 1806.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for Chocolate and other food preparations containing cocoa: Other: Other: Other...Other. The rate of duty will be 6.3 percent ad valorem.

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,

Robert B. Swierupski

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