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NY H82654





June 28, 2001

CLA-2-17:RR:NC:SP:232 H82654

CATEGORY: CLASSIFICATION

TARIFF NO.: 1704.90.3520; 1704.90.3550

Mr. Preet Grewal
Multiple Marketing Ltd.
3 Second Avenue
Bluebridge, Halstead
Essex, CO9 2SU UK

RE: The tariff classification of Eat Natural Confectionery Bars from the United Kingdom

Dear Mr. Grewal:

In your letter dated June 11, 2001 you requested a tariff classification ruling.

Samples were included with your request. The subject merchandise consists of six types of Eat Natural Confectionery Bars: Almond & Apricot Yoghurt Coated Bar, Macadamia and Fruit Bar, Date and Walnut Bar, Fruit and Nut Bar, Mixed Nut Feast Bar and OBAR Organic Bar. The Almond & Apricot Yoghurt Coated Bar is stated to contain yoghurt coating (sugar, vegetable fats, whey solids, yoghurt, lecithin), almonds, apricots, coconut, crisp rice, honey and glucose syrup. The Macadamia and Fruit Bar contains macadamia nuts, apricots, Brazil nuts, coconut, sultanas, sesame seeds, crisp rice, honey and glucose syrup. The Date and Walnut Bar contains walnuts, dates, sultanas, crisp rice, honey and glucose. The Fruit and Nut Bar contains peanuts, Brazil nuts, hazelnuts, sultanas, almonds, apricots, peach, honey, crisp rice and glucose syrup. The Mixed Nut Feast Bar contains peanuts, almonds, Brazil nuts, hazelnuts, crisp rice, honey, glucose syrup. The OBAR Organic Bar contains Brazil nuts, hazelnuts, sultanas, almonds, coconut, crisp rice, honey, raw cane sugar and corn syrup. All of the products are 50 gram bars, individually packaged for retail sale.

The applicable subheading for the Fruit and Nut Bar and the Mixed Nut Feast Bar will be 1704.90.3520, Harmonized Tariff Schedule of the United States (HTS), which provides for Sugar confectionery (including white chocolate), not containing cocoaother: confections or sweetmeats ready for consumptionotherput up for retail sale: containing peanuts, peanut butter or peanut paste. The rate of duty will be 5.6 percent ad valorem

The applicable subheading for the Almond & Apricot Yoghurt Coated Bar, Macadamia and Fruit Bar, Date and Walnut Bar, OBAR Organic Bar will be 1704.90.3550, Harmonized Tariff Schedule of the United States (HTS), which provides for Sugar confectionery (including white chocolate), not containing cocoaother: confections or sweetmeats ready for consumption other put up for retail saleother. The rate of duty will be 5.6 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 John Maria at 212-637-7059.

Sincerely,

Robert B. Swierupski
Director,

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