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NY K81403





December 9, 2003
CLA-2-19:RR:NC:2:228 K81403

CATEGORY: CLASSIFICATION

TARIFF NO.: 1905.90.1090

Mr. Justin Monin
Trans American Global Logistics Services
2775 Broadway
Buffalo, NY 14227

RE: The tariff classification of water crackers from New Zealand

Dear Mr. Monin:

In your letter dated December 1, 2003, on behalf of Dare Foods Ltd., you requested a tariff classification ruling.

Samples, specification sheets, and copies of the package labeling were submitted with your letter. The samples were examined and disposed of. The products are “water crackers,” thin, crisp discs approximately 2 inches in diameter, in three varieties – traditional, cracked black pepper, and toasted sesame. All are composed of wheat flour, vegetable fat, salt, malt extract, and yeast. In addition to these ingredients, the cracked pepper cracker contains poppy seeds and black pepper, and the toasted sesame cracker contains sesame seeds. The crackers will be packed for retail sale in cartons containing 125 grams, net weight.

The applicable subheading for the water crackers 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 productsotherother. 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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