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NY 887222

July 30, 1993



TARIFF NO.: 2008.92.9092

Mr. Gerhard Grob
Jagro, Inc.
290 Nye Avenue
Irvington, NJ 07111

RE: The tariff classification of muesli products from Germany

Dear Mr. Grob:

In your letter dated June 9, 1993, on behalf of Edward & Sons Trading, Inc., Carpinteria, CA, you requested a tariff classification ruling.

Samples and ingredients lists for four products were submitted with your letter. Two samples were forwarded to the U.S. Customs laboratory for analysis, the remaining two were examined and disposed of. The products are prepared breakfast cereal preparations called "muesli," packaged for retail sale in non- airtight plastic pouches inside cardboard boxes. The ingredients for Kolln Gourmet Muesli are oatmeal, crisp oat flakes, raisins, honey, sugar-coated hazelnuts, dried apple pieces, apricot pieces, brown sugar, glucose, apricot powder, and citric acid. Kolln Chocolate Muesli contains oatmeal, crisp cocoa oat flakes, milk chocolate, "plain" chocolate, brown sugar, honey, sugar-coated hazelnuts, and salt. Kolln Whole Grain Fruit Muesli consists of oatmeal, "crispy oats," raisins, sunflower seeds, prunes, dried apricots, honey, dried apple pieces, dried figs, banana flakes, lemon juice powder, and vanilla powder. Kolln Yogurt Muesli is made from oatmeal, dried yogurt pieces, crisp oat flakes, honey, sugar-coated hazelnuts, freeze-dried strawberries, lemon juice powder, and vanilla powder.

The applicable subheading for all four muesli products will be 2008.92.9092, Harmonized Tariff Schedule of the United States (HTS), which provides for fruit, nuts and other edible parts of plants, otherwise prepared or preserved...other...mixtures...other...prepared cereal products. The rate of duty will be 17.5 percent ad valorem.

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.

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.

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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