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NY 890831

November 22, 1993



TARIFF NO.: 2008.92.9094

Ms. Sandra L. Marshanke
Tower Group International, Inc.
128 Dearborn Street
Buffalo, NY 14207-3198

RE: The tariff classification of a snack food from Canada

Dear Ms. Marshanke:

In your letter dated September 24, 1993, on behalf of Canadian Home Products Limited, Ontario, Canada, you requested a tariff classification ruling.

An ingredients breakdown and samples accompanied your letter. The samples were sent to the U.S. Customs laboratory for analysis. The product, "Crunch 'N Munch," is a snack food product consisting of a mixture of candy-coated popcorn and peanuts, packed for retail sale in non- airtight plastic pouches containing 35 grams, net weight.

The applicable subheading for the "Crunch 'N Munch" snack food will be 2008.92.9094, Harmonized Tariff Schedule of the United States (HTS), which provides for fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or sweetening matter...not elsewhere specified or included...other...mixtures... other...other. The duty rate will be 17.5 percent ad valorem.

Goods classifiable under subheading 2008.92.9094, HTS, which have originated in the territory of Canada, will be entitled to an 8.7 percent ad valorem rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

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

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