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NY 871554

Feb 25, 1992

CLA-2-09:S:N:N1:232-871554

CATEGORY: CLASSIFICATION

TARIFF NO.: 0901.21.0030

Mr. Neil Wolff
Competition Automatic Services Ltd.
2 Thorncliffe Park Drive, Unit 18
Toronto, Ont.
Canada M4H 1H2

RE: The tariff classification of coffee from Canada.

Dear Mr. Wolff:

In your letter dated February 10, 1992 you requested a tariff classification ruling.

Samples were included with your request. The samples were examined and disposed of. The subject merchandise consists of coffee which is roasted, ground and packaged in Canada. The coffee is packaged in aluminum envelopes, and will be sold in gift boxes holding either four packages of coffee, three packages of coffee and a mug, or two packages of coffee and two mugs. A separate request has been sent for the classification of the mugs.

The applicable subheading for the coffee will be 0901.21.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for coffee, roasted: not decaffeinated: in retail containers weighing 2 kilograms or less. The duty rate will be free.

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). In the opinion of this office, the submitted samples are properly marked "Product of Canada". 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 Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.
Sincerely,

Jean F. Maguire
Area Director

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