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NY J83519




May 5, 2003

CLA-2-19:RR:NC:2:228 J83519

CATEGORY: CLASSIFICATION

TARIFF NO.: 1905.90.1090

Ms. Penny Apostolidis
Zaloom Marketing Corp.
31 Schrieffer St.
So. Hackensack, NJ 07606

RE: The tariff classification of a baked snack from China.

Dear Ms. Apostolidis:

In your letter dated April 9, 2003, you requested a tariff classification ruling.

The sample submitted with your letter was examined and disposed of. Sesame Dyno Snack is a spherically shaped, baked product, measuring approximately ¾-inch long and ½-inch in diameter. It consists of a whole peanut inside a thick cracker and sesame seed coating. Examination of the sample found the baked coating to be equal to or thicker than the diameter of the peanut. The snacks are made from wheat flour, sesame, peanuts, rice cracker flour, waxy starch, potato starch, sugar, salt, baking soda, and ammonium bicarbonate. After importation the product will be combined with other snack products to make a snack mix.

The applicable subheading for the Sesame Dyno Snack will be 1905.90.1090, Harmonized Tariff Schedule of the United States (HTS), which provides for bread, pastry, cakes, biscuits and other bakers’ waresotherbread, pastry, cakes, biscuits and similar baked productswhether or not containing chocolate, fruit, nuts or confectioneryotherother. 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 646-733-3029.

Sincerely,

Robert B. Swierupski
Director,

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