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NY H83554




August 3, 2001

CLA-2-19:RR:NC:2:228 H83554

CATEGORY: CLASSIFICATION

TARIFF NO.: 1905.90.9030

Ms. Margarita S. Siervo
Italtrade
15500 S.W. 82nd Avenue
Miami, FL 33157-2217

RE: The tariff classification of a snack food from Italy.

Dear Ms. Siervo:

In your letter dated July 17, 2001, on behalf of Su Guttiau, Sardinia, Italy, you requested a tariff classification ruling.

A sample was submitted with your letter. The sample was examined and disposed of. Su Guttiau brand Guttiau Di Ardauli is a snack food in the form of thin, crispy chips made from durum wheat semolina, water, sea salt, vegetable oil, and beer leavening. The ingredients are mixed, baked, fried in oil, salted, and put up in clear plastic bags containing 100 grams, net weight.

The applicable subheading for the snack food will be 1905.90.9030, Harmonized Tariff Schedule of the United States (HTS), which provides for bread, pastry, cakes, biscuits and other bakers’ wares, whether or not containing cocoaotherothercorn chips and similar crisp savory snack foods. The rate of duty will be 4.5 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 (CFR Part 134). The sample you have submitted is not 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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