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NY 879535

November 9, 1992



TARIFF NO.: 1905.90.1060

Mr. Dennis G. Dougherty
Sterling International Services, Inc.
336-A North Water Street
Philadelphia, PA 19106

RE: The tariff classification of baked articles from France

Dear Mr. Dougherty:

In your letter dated October 15, 1992, on behalf of Food Tech, S.A., you requested a tariff classification ruling.

Three samples accompanied your letter, were opened, examined and disposed of. The products, poppy, cumin, or cheese-flavored "croissant sticks," are baked products in the form of slightly twisted rods, measuring approximately five inches long. The basic ingredients are wheat flour, butter, yeast, milk powder, salt, and barley malt. Other ingredients, depending on variety, are poppy seeds, cumin seeds, and cheese. The croissant sticks are packaged in plastic trays in printed, clear plastic wrappers, each unit weighing 125 grams, net weight.

The applicable subheading for the croissant sticks will be 1905.90.1060, Harmonized Tariff Schedule of the United States (HTS), which provides for bread, pastry, cakes, biscuits and other bakers' wares...other...bread, pastry, cakes, biscuits and similar baked products...other. The rate of duty will be free.

The importation of this merchandise may be subject to restrictions imposed by the United States Food and Drug Administration. It is suggested you contact this agency directly for further information.

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 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.


Jean F. Maguire
Area Director

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