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NY 803409

October 25, 1994

CLA-2-19:S:N:N7:228 803409


TARIFF NO.: 1905.30.0040

Mr. Hector G. Ramos
Ramarsa Inc.
11826 S.W. 100th Street
Miami, FL 33186

RE: The tariff classification of wafers from Venezuela

Dear Mr. Ramos:

In your letter dated October 10, 1994 you requested a tariff classification ruling.

Samples and an ingredients breakdown accompanied your letter. The samples were examined and disposed of. "Pirulin" is a light, baked wafer rolled around a sweet, cream filling. The product is put up for retail sale in sealed, metallized plastic envelopes, three wafers to a package.

The applicable subheading for the wafers will be 1905.30.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa...waffles and wafers...other. The rate of duty 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). 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
New York Seaport

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