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NY B85779




June 4, 1997

CLA-2-19:RR:NC:2:228 B85779

CATEGORY: CLASSIFICATION

TARIFF NO.: 1905.30.0040

Michael Urban
Mmicodo Management International Ltd.
#213, 2835 23 Street N.E.
Calgary, Alberta, Canada T2E 7A4

RE: The tariff classification of wafers from Canada.

Dear Mr. Urban:

In your letter dated May 9, 1997, you requested a tariff classification ruling.

The samples accompanying your letter were examined and disposed of. "Krispos" consist of two round wafers, measuring 7 inches in diameter, with a sweet chocolate filling. The wafers are composed of flour, water, vegetable shortening, skim milk powder, dried yolk, wheat starch, salt, and ammonium bicarbonate. The filling is composed of sugar, vegetable shortening, butter, cocoa, vanilla powder, almond flavor, and natural flavors. The wafers are individually wrapped in plastic, weighing 20 grams, net weight. They will be sold separately, in boxes containing eight wafers, or in packages containing wafers broken into quarters.

The applicable subheading for the wafers will be 1905.30.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for breads, pastry, cakes, biscuits, and other bakers' wares, whether or not containing cocoa...sweet biscuits: waffles and wafers...other. The rate of duty will be free.

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 Stanley Hopard at 212-466-5760.

Sincerely,

Gwenn Klein Kirschner
Chief, Special Products Branch

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