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NY E89212




November 16, 1999

CLA-2-18:RR:NC:SP:232 E89212

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.90.9090

Mr. Evert de Boer
De Boer Food Importers, Inc.
101 Coastline Road
Sanford, FL 32771

RE: The tariff classification of a peanut chocolate spread from Holland

Dear Mr. de Boer:

In your letter dated October 22, 1999 you requested a tariff classification ruling. Your request also asks for a ruling on the country of origin marking of the product.

A sample of a product labeled “Twist” was submitted with your request. The subject merchandise is stated to contain 47 percent peanut, 27 percent sugar, 16 percent vegetable oil, 7 percent cocoa powder, 0.8 percent low fat milk powder, 0.8 percent whey powder, 0.6 percent soy powder, 0.5 percent salt, 0.3 percent soy lecithin and a small quantity of vanillin. The product will be imported ready for retail sale in a glass jar with a net weight of 14 ounces. It is assumed the product is intended for use on sandwiches, etc.

The applicable subheading for the “Twist” peanut chocolate spread will be 1806.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for Chocolate and other food preparations containing cocoaotherotherotherother. The rate of duty will be 6.2 percent ad valorem.

Your inquiry also requests a ruling on whether the proposed marking "Imported from Holland" is an acceptable country of origin marking for imported “Twist” peanut chocolate spread. A marked sample was submitted with your letter for review.

It is noted that the label on the submitted sample is an initial design with limited information. This ruling is based on the submitted label. If you wish to obtain a ruling on the final label, it should be submitted to this office for review.

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 imported “Twist”, as described above, is not an acceptable country of origin marking for the imported peanut chocolate spread. The product should be conspicuously, legibly and permanently marked “Product of Holland” or “Made in Holland.”

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