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NY H82436




July 11, 2001

CLA-2-18:RR:NC:SP:232 H82436

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.90.9019; 4911.91.2040; 7323.99.9060

Mr. Jean Aiello
International Trade Logistics, Inc.
2525 Brunswick Avenue, Suite200
Linden, NJ 07036

RE: The tariff classification of Confectionery from France

Dear Mr. Aiello:

In your letter dated June 1, 2001, on behalf of De Boer Food Importers of Sanford, Florida, you requested a tariff classification ruling.

You submitted descriptive literature with your request. You had previously submitted samples with your initial request dated April 26, 2001. Your original request also asks for the marking and labeling requirements of the products. The subject merchandise is chocolate confectionery assortments that will be imported for retail sale. The samples are being returned as per your request. One assortment is called “Plateau Confiseur” and consists of 500 grams, net, of fancy chocolate confectionery, blister packaged on a chromium-plated tray, approximately 13 inches long by 9 inches wide. The second product is “Grand Confiseur”, and this is also a 500 gram assortment of chocolates, with a 9 ¾ inch by 13 ¼ inch lithograph, suitable for framing, tied to the top of the box.

The applicable subheading for the chocolate assortments will be 1806.90.9019, Harmonized Tariff Schedule of the United States (HTS), which provides for Chocolate and other food preparations containing cocoa: Other: Other: OtherConfectionery: Other. The rate of duty will be 6 percent ad valorem.

The applicable subheading for the lithographs will be 4911.91.2040, Harmonized Tariff Schedule of the United States (HTS), which provides for Other printed matter,
including printed pictures and photographs: Other: Pictures, designs and photographs: Printed not over 20 years at time of importation: Other: Lithographs on paper or paperboard: Not over 0.51 mm in thicknessOther. The general rate of duty will be 4 cents per kilo. (Under this provision, lithographs from France classified under subheading 4911.91.2040, HTS, are subject to a 100 percent ad valorem rate of duty, however, these sanctions are in the process of being removed.) For further information, refer to the Customs Web Site at: http//www.customs.treas.gov.

The applicable subheading for the metal tray will be 7323.99.9060, Harmonized Tariff Schedule of the United States (HTS), which provides for Table, kitchen or other household articles and parts thereof, of iron or steel: Other: Other: Not coated or plated with precious metal: Other: Other. The rate of duty will be 3.4 percent ad valorem

The marking statute, Section 304 of the 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 United States 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 United States the English name of the country of origin of the article.

As provided in Part 134.41(b), Customs Regulations (19 CFR 134.41(b), the country of origin marking is considered conspicuous if ultimate purchaser in the United States is able to find the marking easily and read it without strain.

With regard to the permanency of a marking, Part 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, Part 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. In the case of the subject merchandise, proper country of origin information on each part of the item (candies and pictures: France, trays: China) on the outside of the retail package would be sufficient.

The Food and Drug Administration may impose additional labeling and import requirements on these products. 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

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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