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NY J85284




June 6, 2003

CLA-2-19:RR:NC:2:228 J85284

CATEGORY: CLASSIFICATION

TARIFF NO.: 1904.10.0040

Ms. Kelly O’Neill
All Ways Forwarding International Inc.
701 Newark Avenue
Elizabeth, NJ 07208

RE: The tariff classification of a cereal product from Switzerland

Dear Ms. O’Neill:

In your letter dated May 29, 2003, on behalf of World Finer Foods, you requested a tariff classification ruling.

A sample, ingredients breakdown, and description of the manufacturing process for the cereal components was submitted with your letter. The sample was examined and disposed of. Familia brand Fruit’X is a dry cereal product composed of roasted oat flakes, roasted wheat flakes, sugar, “cereal crispies” (roasted, irregular-shaped clusters of rice, corn, sugar, wheat, rye, or barley flour, malt, and salt), peanut oil, wheat and rye flour, coconut flakes, wheat germ, freeze dried berries, dextrose, hazelnuts, honey, and salt. The sample is packed for retail sale in plastic film pouch containing 625 grams, net weight.

The applicable subheading for the Familia Fruit’X will be 1904.10.0040, Harmonized Tariff Schedule of the United States (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.

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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