CLA-2-09:RR:NC:SP:232 D81245
Mr. Andrew Doornaert
Tower Group International
6730 Middlebelt Road
Romulus, MI 48174
RE: The tariff classification of "Coffee Duet" gift packs from
Canada.
Dear Mr. Doornaert:
In your letter dated July 27, 1998, on behalf of Progress
Packaging of Ontario, Canada, you requested a tariff classification
ruling.
You submitted descriptive literature and a sample mock-up of
the product. The merchandise in question is a gift set which will
include two three ounce tins of flavored coffee and a double-ended
plastic spoon, or scoop, to use to measure out the amount of coffee
desired. Since the sample containers were empty, based on the
descriptions provided it is assumed, for the purposes of this
ruling, that the coffee is ground, roasted, decaffeinated, and not
instant. The coffee and plastic scoop are considered as a set, the
essential character of which is determined by the coffee.
The applicable tariff provision for the "Coffee Duet" will be
0901.21.0030, Harmonized Tariff Schedule of the United States
Annotated (HTSUSA), which provides for Coffee, whether or not
roasted or decaffeinated..: Coffee, roasted: Not decaffeinated.. In
retail containers weighing 2 kg or less. The general rate of duty
will be free.
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 propose that the country of origin of the gift pack be
designated as the United States. If you are requesting that the
goods be marked as made in the USA, this does not come under the
purview of the US Customs Service. For permission to mark goods in
this manner you must get approval from the Federal Trade
Commission. They can be contacted at:
Federal Trade Commission
Division of Enforcement
6th and Pennsylvania Avenue, N.W.
Washington, DC 20580
If you are not requesting the marking per se, but are asking
that the goods be considered of US origin for duty or statistical
purposes, more information is required. Where is the coffee grown?
How and where is it processed? If anything other than coffee was
added to flavor the product, what is the value and percentage of
weight by volume of all ingredients, and where did the other
ingredients originate? Where is the coffee packaged into the 3
ounce containers?
This ruling is being issued under the provisions of Part 177
of the Customs Regulations (19 CFR 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.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division