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NY L87432




September 14, 2005

CLA-2-11: RR: NC: SP: 231 L87432

CATEGORY: CLASSIFICATION

TARIFF NO.: 1107.20.0000

Mr. Paul Greethead
Gram Pty. Ltd.
Sofgrain Products
P.O. Box 557 Lindfield
NSW 2070 Australia

RE: The tariff classification of roasted malted wheat flakes from Australia.

Dear Mr. Greethead:

In your letter dated August 29, 2005 you requested a tariff classification ruling.

The merchandise, “Roasted Malted Wheat Flakes,” is made from raw malted wheat whole grains, which are hot air roasted and flaked. The tan-colored flakes are to be utilized as an ingredient in biscuits, crackers, wholegrain breads, breakfast cereals and granola bars. The roasted malted wheat flakes will be packaged in 25 kg. bags.

The applicable subheading for roasted malted wheat flakes will be 1107.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for malt, whether or not roasted, roasted. The general rate of duty will be 0.42 cents per kilogram

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 Thomas Brady at 646-733-3030.

Sincerely,

Robert B. Swierupski
Director,

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