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NY J85285




June 10, 2003

CLA-2-19:RR:NC:2:228 J85285

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 Swiss Special Muesli Kurbiskerne Seeds is a dry cereal product composed of roasted oat flakes, roasted corn flakes, sunflower seeds, sugar, pumpkin seeds, roasted spelt flakes, roasted wheat flakes, sesame seeds, peanut oil, roasted wheat/soy flakes, apple pieces, wheat germ, wheat and rye flour, almonds, coconut flakes, honey, cinnamon, salt, and vanillin. The sample is packed for retail sale in a foil pouch containing 375 grams, net weight.

The applicable subheading for the Familia Swiss Special Muesli Kurbiskerne Seeds 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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