NY 890831

November 22, 1993

CLA-2-20:S:N:N7:228

CATEGORY: Classification

TARIFF NO.: 2008.92.9094

Ms. Sandra L. Marshanke

Tower Group International, Inc.

128 Dearborn Street

Buffalo, NY 14207-3198

RE: The tariff classification of a snack food from Canada

Dear Ms. Marshanke:

In your letter dated September 24, 1993, on behalf of

Canadian Home Products Limited, Ontario, Canada, you requested a

tariff classification ruling.

An ingredients breakdown and samples accompanied your letter. The

samples were sent to the U.S. Customs laboratory for analysis. The

product, "Crunch 'N Munch," is a snack food product consisting of a

mixture of candy-coated popcorn and peanuts, packed for retail sale in non-

airtight plastic pouches containing 35 grams, net weight.

The applicable subheading for the "Crunch 'N Munch" snack food will be

2008.92.9094, Harmonized Tariff Schedule of the United States (HTS), which

provides for fruit, nuts and other edible parts of plants, otherwise

prepared or preserved, whether or not containing added sugar or sweetening

matter...not elsewhere specified or included...other...mixtures...

other...other. The duty rate will be 17.5 percent ad valorem.

Goods classifiable under subheading 2008.92.9094, HTS, which have

originated in the territory of Canada, will be entitled to an 8.7 percent

ad valorem rate of duty under the United States-Canada Free Trade Agreement

(FTA) upon compliance with all applicable regulations.

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 Section 177 of the

Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents

filed at the time this merchandise is imported. If the documents have been

filed without a copy, this ruling should be brought to the attention of the

Customs officer handling the transaction.

Sincerely,

Jean F. Maguire

Area Director

New York Seaport