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NY J85451




June 19, 2003

CLA-2-20:RR:NC:2:228 J85451

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.11.4500; 2008.11.6000; 2008.19.8500; 2008.19.9090

Ms. Anna Boukalis
Pasteli Health Food
816-818 High Street
Thornbury 3071
Melbourne, Victoria Australia

RE: The tariff classification of snack bars from Australia

Dear Ms. Boukalis:

In your letter dated May 29, 2003 you requested a tariff classification ruling.

Samples and descriptive literature accompanied your letter. The samples were examined and disposed of. The products are snack bars, rectangular-shaped goods composed of honey, nuts, and seeds, packed in clear plastic film wrappers, weighing 45 grams (1.6 ounces) net weight. The Honey and Peanut Bar is composed of honey and peanuts. Honey Combo Bar contains honey, peanuts, almonds, Brazil nuts, pumpkin seeds, sesame seeds, and coconut. Sesame and Almond Bar consists of honey, sesame seeds, and almonds. Sesame and Macadamia Bar is made from honey, sesame seeds, and macadamia nuts. Sesame Bar is composed of sesame seeds and honey.

The applicable subheading for Honey and Peanut Bar, if imported in quantities that fall within the limits described in additional U.S. note 2 to chapter 12, will be 2008.11.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included, nuts, peanuts (ground-nuts) and other seeds, whether or not mixed together, peanuts (ground-nuts), other, described in additional U.S. note 2 to chapter 12 and entered pursuant to its provisions. The rate of duty will be 6.6 cents per kilogram. If the quantitative limits of additional U.S. note 2 to chapter 12 have been reached, the product will be classified in subheading 2008.11.6000, HTS, and will be dutiable at 131.8 percent ad valorem. In addition, products classified in subheading 2008.11.6000, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.12.01 to 9904.12.19, HTS.

The applicable subheading for the Honey Combo Bar, the Sesame and Macadamia Bar, and the Sesame and Almond Bar will be 2008.19.8500, HTS, which provides for fruit, nuts and other edible parts of plants, otherwise prepared or preserved...other, including mixturesmixtures. The rate of duty will be 22.4 percent ad valorem.

The applicable subheading for the Sesame Bar will be 2008.19.9090, HTS, which provides for fruit, nuts and other edible parts of plants, otherwise prepared or preserved...other, including mixturesotherother. The rate of duty will be 17.9 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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