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NY F83439




February 28, 2000

CLA-2-21:RR:NC:2:228 F83439

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.8200

Ms. Machelle Blair
Wal Mart Stores, Inc.
702 SW 8th Street
Bentonville, AR 72716-8023

RE: The tariff classification of food products from Denmark

Dear Ms. Blair:

In your letter dated February 10, 2000 you requested a tariff classification ruling.

Two samples and ingredients breakdowns were submitted with your letter. The samples were examined and disposed of. The products are described as “salad toppers,” and consist of a mixture of cheese, vegetables, herbs and spices, in corn oil, packed for retail sale in plastic buckets containing 1.9 kilograms, net weight. The Akadia brand Mediterranean Salad Topper consists of approximately 48 percent corn oil, 37 percent feta cheese, 15 percent pitted green and black olives, and less than one percent unidentified herbs and spices. The Greek Salad Topper contains approximately 48 percent corn oil, 32 percent feta cheese, 16 percent pitted green and black olives, 3 percent mixed vegetables (chili peppers, leeks, garlic, and onions), and less than one percent unidentified herbs and spices.

The applicable subheading for these two products will be 2106.90.8200, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or includedothercontaining over 10 percent by weigh of milk solidsotherother. The rate of duty will be 6.4 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.

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 Stanley Hopard at 212-637-7065.

Sincerely,

Robert B. Swierupski
Director,

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