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NY G83067




October 24, 2000

CLA-2-19:RR:NC:2:228 G83067

CATEGORY: CLASSIFICATION

TARIFF NO.: 1905.30.0041

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

RE: The tariff classification of snack foods from Belarus

Dear Ms. Novikova:

In your letter dated October 2, 2000 you requested a tariff classification ruling.

An ingredients breakdown and samples were submitted with earlier correspondence. The samples were examined and disposed of. The products are rectangular-shaped, individually-wrapped snack foods measuring approximately 3 inches long, 1 ½ inches wide, and ½-inch thick, consisting of four baked wafers separated by three sweet filling layers, enrobed in chocolate. Both are said to be composed of chocolate glaze, sugar powder, dry skim milk, waffles (wafers), peanuts, and flavors. “Zvetok Lotysa” also contains fat, butter, and salt. “Sivka-Burka” contains cocoa powder, coconut butter, cocoa butter, and dry cream.

The applicable subheading for these products will be 1905.30.0041, Harmonized Tariff Schedule of the United States (HTS), which provides for bread, pastry, cakes, biscuits and other bakers’ wares, whether or not containing cocoasweet biscuits; waffles and wafersothercontaining peanuts or peanut products. The rate of duty will be free.

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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