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NY G82645




October 5, 2000

CLA-2-19:RR:NC:2:228 G82645

CATEGORY: CLASSIFICATION

TARIFF NO.: 1905.30.0049

Mr. Hector De Nobili
1414 Edgewater Dr.
Charlotte, NC 28210

RE: The tariff classification of a biscuit product from Argentina

Dear Mr. De Nobili:

In your letter dated September 17, 2000 you requested a tariff classification ruling.

Samples and an ingredients breakdown were submitted with your letter. The samples were examined and disposed of. Milk Spread Sandwich (Alfajor), is a dessert or snack product composed of two round, baked biscuits with a sweet filling of dulce de leche (a milk caramel spread), coated with chocolate or with powdered sugar. The sandwiches will be individually-wrapped in metallized plastic pouches, and packed in cardboard boxes containing 6, 10, or 12 pieces.

The applicable subheading for the Milk Spread Sandwich (Alfajor) will be 1905.30.0049, Harmonized Tariff Schedule of the United States (HTS), which provides for bread, pastry, cakes, biscuits and other bakers’ wares, whether or not containing cocoasweet biscuits...otherother. The rate of duty will be free.

Your inquiry does not provide enough information for us to give a classification ruling on the milk spread (dulce de leche). Your request for a classification ruling should include a complete ingredients breakdown, by weight. The information you provided does not satisfy this requirement. The ingredients breakdown must state the relative weights of each ingredient in the product. The sample of this article will be retained with the National Import Specialist for thirty (30) days, pending receipt of this information. When this information is available, you may wish to consider resubmission of your request.

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 212-637-7065.

Sincerely,

Robert B. Swierupski
Director,

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