CLA-2-19:OT:RR:NC:N2:228
Mr. Dante F Versaci II
Versaci Group International, Inc.
1471 NW 114 Avenue
Pembroke Pines, FL 33026
RE: The tariff classification of tequeños from the Dominican Republic
Dear Mr. Versaci:
In your letters dated December 12, 2011 and February 21, 2012, you requested a tariff classification ruling on behalf of Continental Traders, LLC, Weston, FL.
Ingredients breakdowns, samples, descriptions of the package, pictures of the labels and its packages were submitted with your December letter. Addition information was provided with your February letter. The samples were examined and disposed of. K-T-DRA brand Tequeños Express and Tequeños Premium are frozen food products, composed of an uncooked sheet of dough wrapped around a cheese filling. Both products contain approximately 44-45 percent wheat flour, 37 percent cheese, 10 percent margarine, 5-6 percent water, and less than one percent, each, salt, emulsifier, sugar, dough enhancer, calcium propionate, yeast paste and cheese essence (flavor). 21 units of tequeños in a plastic tray will be packed in a plastic bag for retail sale. 12 retail bags in a carton box will be sold to non-retail buyers. The purchaser is instructed to prepare the tequeños by defrosting for 30 minutes, and then frying in oil until golden brown.
The applicable subheading for the tequeños in a retail bag for retailers or packing the retail bags in boxes for non-retailers will be 1901.90.9095, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations of flour, groats, meal, starch or malt extract…other…other…other. The rate of duty will be 6.4 percent ad valorem.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on the World Wide Web at http://www.usitc.gov/tata/hts/.
This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.
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 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 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).
Section 134.46, Customs Regulations (19 CFR 134.46), requires that in any case 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 in which the article was manufactured or produced, appears on an imported article or its container, 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 or other than the actual country of origin appears.
The samples you 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 Bruce N. Hadley, Jr. at (646) 733-3029.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division