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NY M81772




March 31, 2006

CLA-2-19:RR:NC:N2:228 M81772

CATEGORY: CLASSIFICATION

TARIFF NO.: 1905.90.1090

Ms. Yocasta Martinez
Webeco Foods, Inc.
8225 NW 80th Street
Miami, FL 33166

RE: The tariff classification of a baked product from Spain

Dear Ms. Martinez:

In your letter dated March 16, 2006 you requested a tariff classification ruling.

A sample and a production flow chart was received on March 24, 2006. The sample was examined and disposed of. The product, “breadsticks with cereals,” consists of crisp, biscuit-like goods, packed for retail sale in a plastic film bag containing 90 grams, net weight. It is said to be composed of wheat flour, sunflower oil, a seed mixture (sesame, linen, sunflower, black wheat), wheat bran, yeast, salt, olive oil, sugar, and malt extract. The product is made by mixing all ingredients, extruding, slicing, fermenting, baking, cooling, and packaging.

The applicable subheading for this product will be 1905.90.1090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for bread, pastry, cakes, biscuits and other bakers’ wares, whether or not containing cocoaother bread, pastry, cakes, biscuits and similar baked productsotherother. The rate of duty will be free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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