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NY F86554




May 12, 2000

CLA-2-20:RR:NC:2:228 F86554

CATEGORY: CLASSIFICATION

TARIFF NO.: 2003.10.0027

Ms. Teresa Kloza
Liberty Richter
400 Lyster Avenue
Saddle Brook, NJ 07663-5910

RE: The tariff classification of prepared mushrooms from The Netherlands

Dear Ms. Kloza:

In your letter dated April 24, 2000 you requested a tariff classification ruling.

A sample, submitted with your letter, was examined and disposed of. Holco brand Champignons de Paris consists of whole button mushrooms in a liquid medium composed of water, salt, citric acid, and ascorbic acid, packed for retail sale in a glass jar containing 170 grams, drained weight.

The applicable subheading for the prepared whole mushrooms will be 2003.10.0027, Harmonized Tariff Schedule of the United States (HTS), which provides for mushroomsprepared or preserved otherwise than by vinegar or acetic acidotherin containers each holding not more than 255 gwhole (including buttons). The rate of duty will be 6 cents per kilogram on drained weight, plus 8.5 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 sample you submitted does 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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