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NY 814297

September 14, 1995

CLA-2-18:S:N:N2:232 814297


TARIFF NO.: 1806.90.9000

Mr. Eladio Arvelo
P.O. Box 020010, M-385
Miami, FL 33102-0010

RE: The tariff classification of "Savoy Toronto" from Venezuela.

Dear Mr. Arvelo:

In your letter dated August 28, 1995 you requested a tariff classification ruling.

Samples were included with your request. The subject merchandise is described as a rounded chocolate, weighing nine grams, which is made with a layer of chocolate over a nut. The ingredients are sugar, cocoa powder, whole milk powder, cocoa butter, nut, lecithin, and artificial flavor. The product is individually wrapped in foil and is labelled "Savoy Toronto". This item is consumed as a candy.

The applicable subheading for the "Savoy Toronto" will be 1806.90.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for chocolate and other food preparations containing cocoa...other...other...other...other...other. The duty rate will be 6.8 percent ad valorem.

Articles classifiable under subheading 1806.90.9000, HTS, which are products of Venezuela are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations, if the GSP is renewed.

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 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 John Maria at 212-466-5730.


Roger J. Silvestri

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