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NY L85716




July 11, 2005

CLA-2-19:RR:NC:2:228 L85716

CATEGORY: CLASSIFICATION

TARIFF NO.: 1905.90.9030

Mr. Richard Wohlrab
LE Coppersmith, Inc.
AIOP Bldg A3W
145 Hook Creek Blvd.
Valley Stream, NY 11581

RE: The tariff classification of a snack food from Italy.

Dear Mr. Wohlrab:

In your letter dated June 15, 2005, on behalf of Tree of Life, Dba: Liberty Richter, Saddle Brook, New Jersey, you requested a tariff classification ruling.

Samples and a print of the packaging, accompanied your letter. The samples were examined and disposed of. Fattorie & Pandea brand Mini Cheese Flutes are an oven baked snack consisting of wheat flour, butter, Parmigiano Reggiano cheese, yeast, salt, nonfat dry milk, and barley malt. Each “flute” measures 2 inches long by 5/8 inches wide, and is put up in a metalized plastic bag, in a box containing 3.5 ounces, net weight.

The applicable subheading for the Mini Cheese Flutes will be 1905.90.9030, Harmonized Tariff Schedule of the United States (HTS), which provides for bread, pastry, cakes, biscuits, and other bakers’ wares, whether or not containing cocoa otherother corn chips and similar crisp savory snack foods. The rate of duty will be 4.5 percent ad valorem.

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 telephone number (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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