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NY R01737




April 20, 2005

CLA-2-19:RR:NC:2:228 R01737

CATEGORY: CLASSIFICATION

TARIFF NO.: 1905.31.0049

Ms. Emma Hipwell
O’Carroll’s Irish Epicurean Trading LTD Blainroe Upper
Wicklow
Ireland

RE: The tariff classification of biscuits from Ireland.

Dear Ms. Hipwell:

In your letter dated April 5, 2005, on behalf of Wicklow Fine Foods, you requested a tariff classification ruling.

Ingredients breakdowns and pictures were submitted with your letter. The products are retail packed biscuits, put up in plastic trays enclosed in cellophane bags, in boxes containing 100 grams, net weight. Luxury Cracknels are circular shaped biscuits with a sugar coating and Cinnamon Sticks are rectangular shaped biscuits with a sugar and cinnamon coating. Both contain wheat flour, butter, sugar, soya flour, yeast, salt, emulsifier, and carotene. The Cinnamon Sticks also contain cinnamon, and natural cinnamon flavor.

The applicable subheading for the Luxury Cracknels and Cinnamon Sticks 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.

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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