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NY 855389


Oct 11, 1990

CLA-2-20:S:N:N1:228

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.92.9090

Mr. Edward Feder
A. Burghart Shipping Co., Inc.
Hemisphere Center
Newark, NJ 07114

RE: The tariff classification of muesli from Ireland

Dear Mr. Feder:

In your letter dated August 14, 1990, on behalf of Shamrock, U.S.A., you requested a tariff classification ruling.

Samples of the product and the inner bag in which it will be packaged were provided with your letter. The plastic bag was forwarded to the U.S. Customs laboratory for analysis. The product is a dry breakfast cereal consisting of a mixture of wheat flakes, toasted wheat flakes, rolled oats, sultanas, Afghan raisins, puffed rice, chopped dates, banana chips, papaya, and brazil nuts. The mixture is packed in a sealed, but not airtight, plastic bag, in a retail sized cardboard box.

The applicable subheading for the muesli will be 2008.92.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for fruit, nuts and other edible parts of plants, otherwise prepared or preserved...not elsewhere specified or included...mixtures...other. The rate of duty will be 17.5 percent ad valorem.

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

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