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NY 853780

CLA-2-20:S:N:N1:228 853780


TARIFF NO.: 2007.91.4000

Mr. Derek G. Taylor
Trinity Systems International Incorporated P.O. Box 5388
Manchester, NH 03108

RE: The tariff classification of marmalades from Scotland.

Dear Mr. Taylor:

In your letter dated June 20, 1990, you requested a tariff classification ruling.

Photographs of four varieties of marmalade were submitted with your letter. The products, Orange Marmalade with Rum DeLuxe, Breakfast Orange Marmalade with Liqueur, Orange Marmalade with Bermuda Black Rum, and Dark & Stormy Orange Marmalade with Ginger and Rum, will be put up in glass jars containing 12 ounces (340 grams), net weight. The labels and packaging materials identify the products as items in "The Bermuda Brands Collection."

The applicable subheading for the marmalades will be 2007.91.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for jams, fruit jellies, marmalades... other... citrus fruit... orange marmalade. The rate of duty will be 5.5 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 U.S. must be legibly, conspicuously and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the U.S. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (19 CFR Part 134). The products in the photographs 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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