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June 10, 1999

CLA-2-19:RR:NC:2:228 E82571

CATEGORY: CLASSIFICATION

TARIFF NO.: 1905.30.0049

Ms. Ann Adell
Liberty Richter
400 Lyster Avenue
Saddle Brook, NJ 07663-5910

RE: The tariff classification of a cookie assortment from Belgium.

Dear Ms. Adell:

In your letter dated May 14, 1999, you requested a tariff classification ruling.

The samples submitted with your letter were examined and disposed of. Both samples were marked “Made in France”. Delacre brand Belgian Classique assortment is an assortment of eight different cookies in a flimsy plastic tray, put up in a cardboard box containing 8.8 ounces (250 grams), net weight. The assortment consists of rectangular, round, oval, and rod shaped cookies or wafers. Some of the cookies are partially or completely covered with chocolate, and the “Antarctica” cookies are partially covered with white chocolate.

The applicable subheading for the Belgian Classique assortment 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 cocoasweet biscuitsotherother. 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 (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 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 212-637-7065.

Sincerely,

Robert B. Swierupski
Director,

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