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NY N012084





June 11, 2007

CLA-2-20:RR:E:NC:SP:231

CATEGORY: CLASSIFICATION

TARIFF NO.: 2006.00.7000

Ms. Isabelle C. White
Histoire Sucree
1, allee des Alpilles
Colomiers, 31770
France

RE: The tariff classification and country-of-origin marking of marrons glacés (candied chestnuts) from France.

Dear Ms. White:

In your letter dated May 30, 2007, you requested a tariff classification and country-of-origin marking ruling.

The goods in question are chestnuts which have undergone a process involving the following steps:

Nuts are inspected, and only those of a suitable size/shape for confection are selected. Selected nuts are brushed and peeled.
Peeled nuts are enveloped in cheesecloth, soaked in boiling water and cooked for a certain length of time (calculated with reference to the maturity and grade of the nuts). Those chestnuts remaining intact are then selected and infused or impregnated with sugar syrup. A thin, “glacé” sugar-coating is then given to the sugar-filled nuts by applying additional syrup and drying the goods in an oven.

The finished items, known as marrons glacés, or glacé chestnuts, are individually wrapped in gold-colored foil and vacuum packed in what appear to be (based on photos accompanying your inquiry) metal tins. The tins are in turn packed within what appear to be printed paperboard retail boxes. The product will be imported in 140-, 220- and 440-gram retail containers.

The applicable subheading for the marrons glacés will be 2006.00.7000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for vegetables, fruit, nuts, fruit-peel and other parts of plants preserved by sugar (drained, glacé or crystallized): other, including mixtures: other: other fruit and nuts. The rate of duty will be 8%.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

Country-of-Origin Marking

The photos submitted with your inquiry show that the top panel of the retail box will bear, near the center, a printed design prominently incorporating the words “MARRONS GLACÉS.” Immediately above this design, the phrase “PRODUCT OF FRANCE” appears. Although the latter phrase is in typeface considerably smaller than that of the former, it nevertheless appears to be legible and conspicuous. For the purposes of this ruling, it is assumed that no references to countries or other geographical locations outside France appear on any portions of the box not visible in the submitted photos.

The marking statute, section 304, 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 U.S. 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 U.S. the English name of the country of origin of the article.

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

With regard to the permanency of a marking, section 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, section 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.

The imported boxes of marrons glacés, with proposed marking as described above, are conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. The proposed marking is an acceptable country of origin marking for the subject imported merchandise.

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 Nathan Rosenstein at 646-733-3030.

Sincerely,

Robert B. Swierupski
Director,

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