CLA-2-18:RR:NC:SP:232 C82780
Ms. Bonnie Heineman Wolfe
New venture Development Corporation
751 Miller Drive, S.E., Suite I-2
Leesburg, VA 20175
RE: The tariff classification of Nutkao Bicolor Hazelnut Cream
Spread from Italy.
Dear Ms. Wolfe:
In your letter dated December 10, 1997, you requested a tariff
classification ruling.
You submitted descriptive literature and product samples with
your request. The subject merchandise is a creamy spread, half
beige colored and half brown, which is intended for use on bread,
crackers, crepes, etc.. It will be imported retail packed in 400
or 750 gram glass jars with plastic lids. The beige portion is
said to consist of 52 percent sugar, 25 percent vegetable oil, 11
percent thin milk powder, 8.5 percent milk powder, 3 percent
hazelnuts, and trace of lecithin. The brown portion is stated to
contain 51 percent sugar, 23.5 percent vegetable oil, 8 percent
cocoa powder, 7 percent hazelnuts, 6 percent thin milk powder, 4
percent milk powder, and a trace of lecithin.
The applicable subheading for the hazelnut cream spread will
be 1806.90.9090, Harmonized Tariff Schedule of the United States
(HTS), which provides for Chocolate and other food preparations
containing cocoa: Other: Other: Other...Other. The rate of duty
will be 6.3 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, S.W.
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 this 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.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division