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NY 891146

October 20, 1993



TARIFF NO.: 1806.90.0073

Mr. Pedro L. Carmona
Davies, Turner & Co.
P.O. Box 3260
Carolina P.R. 00984

RE: The tariff classification of "New Cream" from Italy.

Dear Mr. Carmona:

In your letter dated October 1, 1993 you requested a tariff classification ruling.

A sample was included with your request. "New Cream" is a paste packaged for retail sale in a small plastic tub with a foil top. It is stated to contain sugar, vegetable oils, hazelnuts, cocoa, skim milk powder, soys lecithin and flavors.

The applicable subheading for the "New Cream" will be 1806.90.0073, Harmonized Tariff Schedule of the United States (HTS), which provides for chocolate and other food preparations containg cocoa: other...other: put up for retail sale...other. The rate of duty will be 7 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 sample you have submitted does 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

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