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NY L82964





February 23, 2005

CLA-2-19:RR:NC:N2:228 L82964

CATEGORY: CLASSIFICATION

TARIFF NO.: 1905.31.0049; 1905.32.0049

Ms. Erlene S. Laut
Hershey Foods Corporation
19E Chocolate Avenue
Hershey, PA 17033

RE: The tariff classification of biscuit products from Brazil

Dear Ms. Laut:

In your letter dated February 10, 2005 you requested a tariff classification ruling.

Three samples, submitted with your letter, were examined and disposed of. “MAIS” bars are rectangular, individually-wrapped candy bar-type products, weighing 25 grams. MAIS Mousse and MAIS Caramel consist of a baked biscuit base topped with caramel or chocolate-flavored mousse, enrobed in chocolate. MAIS Chocolate consists of baked wafers separated by layers of sweet chocolate-flavored cream, enrobed in chocolate.

The applicable subheading for the MAIS Mousse and MAIS Caramel will be 1905.31.0049, Harmonized Tariff Schedule of the United States (HTS), which provides for bread, pastry, cakes, biscuits and other bakers’ wares, whether or not containing cocoasweet biscuitsotherother. The rate of duty will be free.

The applicable subheading for the MAIS Chocolate will be 1905.32.0049, HTS, which provides for bread, pastry, cakes, biscuits and other bakers’ wares, whether or not containing cocoawaffles and wafersotherother. The rate of duty will be free

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

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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