CLA-2-22:RR:NC:SP:232 H81131
Mr. Jim Reynolds
John A. Steer Co.
28 S. Second Street
Philadelphia, PA 19106
RE: The tariff classification of chocolate drinks from Denmark
Dear Mr. Reynolds:
In your letter dated May 10, 2001, on behalf of A/S Imports, Inc., you requested a tariff classification ruling. Your request also asks whether the enclosed product labels are properly marked with the country of origin.
Samples were included with your request. Information and copies of product labels were submitted with your initial request dated April 2, 2001. The subject merchandise consists of Cocio Regular Chocolate Milk and Cocio Light Chocolate Milk. Cocio Regular is stated to contain skimmed milk, whole milk, cocoa powder, sugar and water. Cocio Light contains skimmed milk, whole milk, cocoa powder, Cremodan S (emulsifier), and Acesulfam Potassium (sweetener). The skimmed milk contains 9.25 percent milk solids, and the whole milk contains 12.65 percent milk solids, in both of the products. The merchandise will be imported in cans and bottles in 325 ml, 200 ml, 400 ml, 700 ml and 950 ml sizes.
The applicable subheading for the Cocio Regular Chocolate Milk and the Cocio Light Chocolate Milk will be 2202.90.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for waters…containing added sugar or other sweetening matter or flavored, and other non-alcoholic beverages…other: milk-based drinks: chocolate milk drink. The rate of duty will be 17 percent ad valorem.
Your letter also requests a ruling on the country of origin marking requirements of the subject merchandise. A marked sample was not submitted with your letter for review. The enclosed product labels for the Cocio Regular and the Cocio Light are marked “Product of Denmark” directly below the name and address of the United States importer /distributor.
The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the
U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.
Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," Product of," or other words of similar meaning.
In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears.
The proposed marking of the imported Cocio Regular Chocolate Milk and Cocio Light Chocolate Milk, as described above, satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported products.
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.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division