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NY E87254

October 21, 1999

CLA-2-17:RR:NC:SP:232 E87254


TARIFF NO.: 1704.90.3550

Ms. Maureen Spektor Bell
Liberty Richter
400 Lyster Avenue
Saddle Brook, NJ 07663-5910

RE: The tariff classification of “Rademaker Choco Snacks – Sensational Strawberry” from the Netherlands

Dear Ms. Spektor Bell:

In your letter dated September 9, 1999, you requested a tariff classification ruling.

You submitted descriptive literature with your request. You had previously submitted samples of the product in question. The subject merchandise is “Rademaker Choco Snacks - Sensational Strawberry”. These are irregularly shaped, crunchy, bite-sized white chocolate confections which will be imported retail packaged in a cardboard container approximately 4½ inches high and tapering to a base diameter of 3 inches, with a net weight of six ounces. The ingredients, as listed on the package, state that the product contains sugar, cocoa butter, whole milk powder, milk sugar, skimmed milk powder, rice flour, wheat flour, fructose, milk fat, brown sugar, vegetable fat, strawberry, lecithin, flavors, citric acid, salt, and vanillin.

The applicable subheading for the “Rademaker Choco Snacks - Sensational Strawberry” will be 1704.90.3550, Harmonized Tariff Schedule of the United States (HTS), which provides for Sugar confectionery (including white chocolate), not containing cocoa: Other: Confections or sweetmeats ready for consumption: Other: OtherPut up for retail sale: Other. The rate of duty will be 5.8 percent ad valorem.

Additional requirements may be imposed on this product by the Food and Drug Administration. You may contact the FDA at:

Food and Drug Administration
Guidelines and Regulations Branch
HFF 314, 200 C Street, SW
Washington, D.C. 20204

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 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 John Maria at (212) 637-7059.


Robert B. Swierupski

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