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NY I87907




November 5, 2002

CLA-2-19:RR:NC:2:228 I87907

CATEGORY: CLASSIFICATION

TARIFF NO.: 1904.10.0040; 1904.10.0080

Richard Callebaut
125 Larkspur Street, Suite 214
San Rafael, CA 94901

RE: The tariff classification of cereal products from France

Dear Mr. Callebaut:

In your letter dated October 17, 2002 you requested a tariff classification ruling.

Samples, submitted with your letter, were examined and disposed of. Ingredients breakdowns were submitted with earlier correspondence. Crac Biscuit 780, Cracriz 937, Cracriz 1019, and Protein Cracriz 1004 are crisp, cereal-based foods for human consumption, in a variety of shapes and sizes. Crac Biscuit 780 is composed of wheat flour, sugar, malt, palm oil, starch, sodium bicarbonate, salt, and vanillin. Cracriz 937 consists of wheat flour, rice flour, palm oil, sugar, malt, sodium bicarbonate, salt, and vanillin. Cracriz 1019 consists of rice flour, sugar, starch, malt, wheat gluten, salt, dextrose, and palm oil, and Protein Cracriz is made from pea protein, rice flour, and fumed silica. All products are produced in the same manner. The ingredients are mixed together, extrusion-cooked, sieved, roasted, and packed in boxes containing from 13 to 18 kilograms.

The applicable subheading for Crac Biscuit 780, Cracriz 937, and Cracriz 1019 will be 1904.10.0040, HTS, which provides for prepared foods obtained by the swelling or roasting of cereals or cereal productscontaining cane and/or beet sugar. The rate of duty will be 1.1 percent ad valorem.

The applicable subheading for Protein Cracriz 1004 will be 1904.10.0080, HTS, which provides for prepared foods obtained by the swelling or roasting of cereals or cereal productsother. The rate of duty will be 1.1 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on Cracriz 933. Your request for a classification ruling should include a description of the type of packaging the product will be imported in (i.e., type of material, size(s), weight(s)), and information concerning the purchaser and use of the imported product. Will Cracriz 933 be sold to retail consumers, food service purchasers, manufacturers, etc.? Will Cracriz 933 be used by these purchasers in its imported condition or will it be combined with other ingredients after importation? Will the imported product be repackaged in the United States? If so, state the size(s) and types of containers it will be repackaged into. When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

The sample of Cracriz 933 will be retained with the National Import Specialist for thirty (30) days, pending receipt of the additional information. 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 646-733-3029.

Sincerely,

Robert B. Swierupski
Director,

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