The tariff classification of snack foods from Belarus

NY G81455 September 21, 2000 CLA-2-19:RR:NC:2:228 G81455 CATEGORY: Classification TARIFF NO.: 1905.30.0049 Ms. Olga Novikova Double Star Enterprises Co., Inc. 206 East 38th Street New York, NY 10016 RE: The tariff classification of snack foods from Belarus Dear Ms. Novikova: In your letter dated September 5, 2000 you requested a tariff classification ruling. Samples and ingredients breakdowns were submitted with your letter. The samples were examined and disposed of. The products, called “candy,” are rectangular-shaped, individually-wrapped snack foods measuring approximately 3 inches long, 1 ½ inches wide, and ½-inch thick, consisting of four baked wafers separated by three sweet filling layers, enrobed in chocolate. “Kamelia” is composed of chocolate glaze, sugar, cocoa fat, cocoa powder, dry cream, waffles, milk, and flavors. “Vishnevie Tsvety” is made from chocolate glaze, sugar, fat, waffles, cherry flavor, citric acid, and alcohol. The applicable subheading for “Kamelia” and “Vishnevie Tsvety” will be 1905.30.0049, Harmonized Tariff Schedule of the United States (HTS), which provides for bread, pastry, cakes, biscuits and other bakers’ wares, whether or not containing cocoa…sweet biscuits; waffles and wafers…other…other. The rate of duty will be free. Your inquiry does not provide enough information for us to give a classification ruling on “Sivka-Burka” and “Zvetok Lotysa.” Your request for a classification ruling should identify the type of “ground nuts” used to make these products. When this information is available, you may wish to consider resubmission of your request. 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 Stanley Hopard at 212-637-7065. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division