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July 8, 1999

CLA-2-17:RR:NC:SP:232 E83790

CATEGORY: CLASSIFICATION

TARIFF NO.: 1704.90.3550

Ms. Jean Aiello
International Trade Logistics, Inc.
2535 Brunswick Avenue
Linden, NJ 07036

RE: The tariff classification of fruit bars from India

Dear Ms. Aiello:

In your letter dated May 25, 1999, on behalf of Preferred Brands, Int’l LLC, you requested a tariff classification ruling. Your request also asks for the country of origin marking and labeling requirements of the products.

Samples of two products were included with your request. Additional information was received by this office on June 24, 1999. The subject merchandise consists of five types fruit bars. The guava fruit bar is stated to contain canned guava pulp, sulphited guava pulp, sugar, canned mango pulp, pectin, and small quantities of various flavors, colors, etc. The black grape fruit bar contains canned black grape fruit pulp, sugar, pectin, and small quantities of various flavors, colors, etc. The mango fruit bar contains sulphited mango pulp, sugar, canned mango pulp, and small quantities of various flavors, colors, etc. The mixed fruit bar contains canned mango pulp, pineapple concentrate, sugar, sulphited guava pulp, sulphited mango pulp, pectin, and small quantities of various flavors, colors, etc. The pineapple fruit bar contains pineapple concentrate, canned mango pulp, sugar, pectin, and small quantities of various flavors, colors, etc. All of the products are packaged for retail sale in the form of bars with a net weight of 20 grams.

The applicable subheading for the fruit bars will be 1704.90.3550, Harmonized Tariff Schedule of the United States (HTS), which provides for Sugar confectionery... not containing cocoa...other: confections or sweetmeats ready for consumption... other...put up for retail sale...other. The general rate of duty will be 5.8 percent ad valorem.

The Generalized System of Preferences (GSP) expired on June 30, 1999. Articles classified under subheading 1704.90.3550, HTS, which are products of India are entitled to duty free treatment under the GSP upon compliance with all applicable regulations, if the GSP is renewed.

Your request also asks for the country of origin marking requirements for the products.

The submitted samples of the guava fruit bar and the mixed fruit bar show that both products are marked on the back of the label: “Manufactured by: Concept Foods PVT, Ltd., P.O. Box No. 1540, Somaijiguda, Hyderabad-500 082.”

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

The proposed marking of the imported fruit bars, as described above, is not an acceptable country of origin marking for the imported products. The fruit bars must be marked conspicuously, legibly and permanently “Product of India” or “Made in India.”

Inquiries on the labeling, nutritional requirements, etc. of the products should be directed to 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 CFR Part 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 John Maria at 212-637-7059.

Sincerely,

Robert B. Swierupski
Director,

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