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NY J84843




June 17, 2003

CLA-2-18:RR:NC:2:228 J84843

CATEGORY: CLASSIFICATION

TARIFF NO.: 1905.32.0049, 7013.39.2000

Mr. Shachar Gat
Shonfeld’s USA, Inc.
16871 Noyes Avenue
Irvine, CA 92606

RE: The tariff classification of a glass storage jar filled with baked goods, from China.

Dear Mr. Gat:

In your letter dated April 15, 2003, you requested a tariff classification ruling.

A sample submitted with your letter was examined and disposed of. Item no. CK-204950 “Mexican Baby Melon” is comprised of a glass storage jar with a lid filled with individually-wrapped cookies consisting of a layer of chocolate flavored filling between two wafers. The glass jar measures 10 ¼ inches tall and 9 ½ inches in diameter. The unit cost of the glass jar is $0.74.

The applicable subheading for the wafer cookies will be 1905.32.0049, HTS, Harmonized Tariff Schedule, which provides for bread, pastry, cakes, biscuits and other bakers’ wareswaffles and wafersotherother. The rate of duty will be free.

The applicable subheading for the glass jar will be 7013.39.2000, which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes (other than that of heading 7010 or 7018glassware of a kind used for table (other than drinking glasses) or kitchen purposes other than that of glass-ceramicsotherothervalued not over $3 each. The rate of duty will be 23.2 percent ad valorem.

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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