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NY C80635




November 25, 1997

CLA-2-19:RR:NC:2:228 C80635

CATEGORY: CLASSIFICATION

TARIFF NO.: 1905.30.0040

Mr. Michael W. Dickey
Agri America
P.O. Box 402
2023 Bridge Road
Skippack, PA 19474

RE: The tariff classification of wafers from Venezuela.

Dear Mr. Dickey:

In your letter dated October 29, 1997, you requested a tariff classification ruling.

A sample, submitted with your letter, was examined and disposed of. The product is a tubular shaped wafer with a chocolate or a coconut filling. The stated ingredients are wheat flour, water, milk, sugar, lecithin, salt, egg, vegetable oil, and artificial flavors. The chocolate flavored product also contains cocoa and hazelnuts, and the coconut wafer contains coconut. The wafers are put up in 22 gram metalized plastic packets, 100 gram boxes, and 175 or 300 gram metal cans.

The applicable subheading for the filled 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.

Your inquiry does not provide enough information for us to give a classification ruling on the powdered chocolate mix. Your request for a classification ruling should include an ingredients breakdown, by weight, and a sample.

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,

Robert B. Swierupski
Director,

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