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NY N016909




September 21, 2007

CLA-2-98:RR:E:NC:N2:228

CATEGORY: CLASSIFICATION

TARIFF NO.: 9801.00.1097

Mr. Richard Becker
Mariani Packing Company
500 Crocker Drive
Vacaville, CA 95688

RE: The tariff classification of prunes from Thailand

Dear Mr. Becker:

In your letter dated September 10, 2007 you requested a tariff classification and country of origin marking ruling.

Your company will export bulk packed cases of dried plums (prunes), products of the United States, to a processing facility in Thailand. In Thailand, the prunes will be individually packed in plastic bags, several of these single-wrapped prunes will be placed into a retail case, and the goods shipped backed to the United States. No preservatives or other substances will be added to the prunes, and they will not undergo any processing other than transfer from the bulk case into smaller, single-unit packages.

The prunes, of U.S. origin, will be eligible for entry as American Goods Returned, provided the documentary requirements of 19 C.F.R. §10.1 are satisfied. The applicable subheading for the imported, individually-wrapped prunes will be 9801.00.1097, Harmonized Tariff Schedule of the United States (HTSUS), which provides for products of the United States when returned after having been exported, without having been advanced in value or improved in condition by any process of manufacture or other means while abroad: other: other. Products in subheading 9801.00.1097 are free of duty.

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/.

If a good is determined to be an article of U.S. origin, it is not subject to the country of origin marking requirements of 19 U.S.C. §1304. Whether an article may be marked with the phrase "Made in the USA" or similar words denoting U.S. origin, is an issue under the authority of the Federal Trade Commission (FTC). We suggest that you contact the FTC Division of Enforcement, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580 on the propriety of proposed markings indicating that an article is made in the U.S.

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 646-733-3029.

Sincerely,

Robert B. Swierupski
Director,

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