CLA-2-18:RR:NC:SP:232 B86470

Mr. Rob Weaver
RW Imports
2951 East 3215 South
Salt Lake City, Utah 84109

RE: The tariff classification of a Kinder Surprise from Italy.

Dear Mr. Weaver:

In your letter dated June 19, 1997 you requested a tariff classification ruling.

Samples and photographs were included with your request. The subject merchandise consists of an egg shaped two-layer hollow piece of chocolate about 1/8" thick, which contains a plastic cylinder. Inside the cylinder is a "puzzle-toy", which consists of small plastic pieces that can be assembled into various objects, e.g., animals, cars, boats etc. The chocolate egg with the toy inside will be wrapped in foil.

The applicable subheading for the Kinder Surprise will be 1806.90.9010, Harmonized Tariff Schedule of the United States (HTS), which provides for Chocolate and other food preparations containing cocoa...other...other...other...confectionery. The rate of duty will be 6.5 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 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 212-466-5730.


Gwenn Klein Kirschner
Chief, Special Products Branch
National Commodity
Specialist Division