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NY A84914

July 3, 1996

CLA-2-18:RR:NC:FC:232 A84914


TARIFF NO.: 1806.32.3000; 1806.32.9000; 4202.32.9550

Mr. Larry L. Linchan
Alfred H. Marzolf, Inc.
157 Yesler Way, Suite 805
Seattle, WA 98104

RE: The tariff classification of Chocolate Gift Packs from Switzerland

Dear Mr. Linchan:

In your letter dated June 11, 1996, on behalf of Recreational Equipment, Inc., of Sumner, Washington, you requested a classification ruling.

You submitted descriptive literature and samples with your request. The merchandise in question is miniature "backpacks" of varying styles which are filled with chocolates. Each style of miniature bag is a novelty coin purse simulating a pack. Styles 8634, 8635, 8636, and 8637 are manufactured in China of man-made textile materials. Style 8633 is manufactured in Germany of a fabric which is 30 percent wool fiber and 70 percent man-made fiber. All the packs are filled with chocolates which are made in Switzerland. Styles 8633, 8634, 8635, 8636 and 8637 contain "milk chocolate napolitains" which are small chocolate bars, said to consist of sugar, cocoa butter, whole milk powder, cocoa mass, ground hazelnuts, skim milk powder, milk fat, lecithin and flavors. The ingredient breakdown is said to be: 45.9 percent saccharose, 4.5 percent milk fat, 5 percent milk protein, 32 percent cocoa, with traces of flavors and emulsifiers. Style 8635 also contains "Le Stick", which is a small, triangular chocolate bar of the same ingredients as the "milk chocolate napolitains", but which has noticeable pieces of ground hazelnuts in it. Style 8636 contains "Delice Noisettes" in addition to the "milk chocolate napolitains".

The applicable subheading for the "milk chocolate napolitains" will be 1806.32.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for Chocolate and other food preparations containing cocoa: Other, in blocks, slabs or bars: Not filled: Preparations consisting wholly of ground cocoa beans, with or without added cocoa fat, flavoring or emulsifying agents, and containing not more than 32 percent by weight of butterfat or other milk solids and not more than 60 percent by weight of sugar: Other. The duty rate will be 4.8 percent ad valorem.

The applicable subheading for the "Le Stick" will be 1806.32.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for Chocolate and other food preparations containing cocoa: Other, in blocks, slabs or bars: Not filled: Other: Other. The duty rate will be 6.7 percent ad valorem.

The applicable subheading for all the miniature bags will be 4202.32.9550, Harmonized Tariff Schedule of the United States (HTS), which provides for Articles of a kind normally carried in the pocket or in the handbag: With outer surface of textile materials: Other: Other...Of man-made fibers. The duty rate will be 19.5 percent ad valorem.

Please note that style 8633, in part of wool fiber, is subject to the Wool Products Labeling Act of 1939. Each piece must be marked with a sewn-in fabric label indicating the fiber content by weight in addition to the usual country of origin marking regulations.

Styles 8634, 8635, 8636 and 8637, classified in subheading 4202.32.9550, HTS, fall within textile category designation 670. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

Your inquiry does not provide enough information for us to give a classification ruling on the "Delice Noisettes". Any future ruling requests for this or for any other item should contain a listing of all the ingredients and their proportions by weight, plus samples of the items and their packaging where feasible.

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 John Maria at 212-466-5730.


Roger J. Silvestri

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