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NY G81445




September 20, 2000

CLA-2-18:RR:NC:SP:232 G81445

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.31.0041; 1806.31.0049

Ms. Olga Novikova
Double Star Enterprises Co., Inc.
206 East 38th Street
New York, NY 10016

RE: The tariff classification of Confectionery from Belarus

Dear Ms. Novikova

In your letter dated September 5, 2000, you requested a tariff classification ruling.

You submitted descriptive literature and product samples with your request. The merchandise in question is five varieties of candy bars enrobed in chocolate. They will all be imported individually foil-wrapped for retail sale. The products are: “Piruet”, “Romashki”, “Mindalniy Aromat”, “Proleski”, and “Malinovka”. They are stated to consist of varying percentages of sugar, cocoa powder, milk solids, and traces of flavors. In addition, the “Romashki” and the “Piruet ” varieties are said to contain peanuts.

The applicable subheading for the “Romashki” and the “Piruet ” varieties will be 1806.31.0041, Harmonized Tariff Schedule of the United States (HTS), which provides for Chocolate and other food preparations containing cocoa: Other, in blocks, slabs or bars: FilledConfectionery: Containing peanuts, peanut butter or peanut paste. The rate of duty will be 5.6 percent ad valorem.

The applicable subheading for the “Mindalniy Aromat ”, the “Proleski”, and the “Malinovka” varieties will be 1806.31.0049, Harmonized Tariff Schedule of the United

States (HTS), which provides for Chocolate and other food preparations containing cocoa: Other, in blocks, slabs or bars: FilledConfectionery: Other. The rate of duty will be 5.6 percent ad valorem.

Additional requirements may be imposed on these products by the Food and Drug Administration. You may contact the FDA at:

Food and Drug Administration
Implementation and Compliance Branch
HFF 314, 200 C Street, SW
Washington, D.C. 20204
(202) 205-5321

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 John Maria at (212) 637-7059.

Sincerely,

Robert B. Swierupski
Director,

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