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NY 891094




October 22, 1993

CLA-2-19:S:N:N7:228

CATEGORY: CLASSIFICATION

TARIFF NO.: 1905.30.0040; 1905.90.1050

Mr. Marzio Costanzo
Scavone Food Distributors
P.O. Box 2335
Newburgh, NY 12550

RE: The tariff classification of biscuits and pastries from Italy

Dear Mr. Costanzo:

In your undated letter, received by this office on October 5, 1993, you requested a tariff classification ruling.

Five products are described in your letter, and illustrated in a product catalog you submitted under separate cover. Biscotto Arancio are baked, oval-shaped, orange-flavored biscuits, composed of flour, sugar, milk, vegetable fat, and flavors. Misto Sicilia are baked biscuits of various shapes filled and/or coated with sugar and cocoa. The stated ingredients are sugar, flour, chocolate, honey, raisins, vanilla, orange, and ammonia. Biscotto Anice are twice-baked, semi-circular products composed of flour, eggs, sugar, honey, anise seed, and ammonia. Mustaccioli are flat, wavy-edged products made from flour, sugar, water, and flavors. Taralle Al Cedro is a twisted, sugar-coated pastry product, made from flour, sugar, eggs, glucose, vegetable fat, lemon, and ammonia.

The applicable subheading for the Biscotto Arancio, Misto Sicilia, Biscotti Anice, and Mustaccioli will be 1905.30.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa...sweet biscuits...other. The rate of duty will be free.

The applicable subheading for the Taralle Al Cedro will be 1905.90.1050, HTS, which provides for bread, pastry, cakes, biscuits and other bakers' wares...other...other...pastries, cakes and similar sweet baked products... The rate of duty will be free.

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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