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NY C86144

April 22, 1998

CLA-2-19:RR:NC:2:228 C86144


TARIFF NO.: 1905.20.0000

Juanita Hild
3538 E. Compass Rose Dr.
Jacksonville, FL 32216

RE: The tariff classification of a sweet biscuit from Germany.

Dear Ms. Hild:

In your letter dated March 31, 1998, you requested a tariff classification ruling.

The sample submitted with your letter was examined and disposed of. Herrdegen Original Mannemer Dreck is a brown-colored, soft, chocolate coated cookie containing lemon peel, orange peel, and chopped nuts. It measures approximately 3 inches in diameter, and 1/2 inch thick, and is individually wrapped in plastic.

The applicable subheading for the sweet biscuit will be 1905.30.0049, Harmonized Tariff Schedule of the United States (HTS), which provides for bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa...sweet biscuits...other...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 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 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 Stanley Hopard at 212-466-5760.


Robert B. Swierupski

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