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NY K85477




May 3, 2004
CLA-2-19:RR:NC:2:228 K85477

CATEGORY: CLASSIFICATION

TARIFF NO.: 1905.90.1090

Mr. John Bentz
D. Kratt International, Inc.
P.O. Box 66567
Chicago, IL 60666

RE: The tariff classification of peanut crackers from Japan

Dear Mr. Bentz:

In your letter dated April 1, 2004, on behalf of Air Systems USA, Inc., you requested a tariff classification ruling.

A sample, submitted with your letter, was examined and disposed of. An ingredients breakdown, submitted separately, was received by this office on April 28, 2004. The products are crisp, tan-colored, flat disks, approximately one inch in diameter, with a whole peanut contained within each cracker. The shape of the disk and the thickness of the coating completely obscure the peanut and offer no suggestion that a peanut is contained within. The stated ingredients are wheat flour, peanuts, sugar, corn starch, vegetable oil, corn syrup, salt, squid, sea tangle, and ammonium and sodium bicarbonate.

The applicable subheading for the peanut crackers will be 1905.90.1090, Harmonized Tariff Schedule of the United States (HTS), which provides for bread, pastry, cakes, biscuits and other bakers’ waresbread, pastry, cakes, biscuits and similar baked productswhether or not containing chocolate, fruit, nuts or confectionery...other...other. 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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