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NY N010125




May 14, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 1905.31.0049

Ms. Litsa Sahawneh
Byron Bay Cookie Company Pty. Ltd.
6 Brigantine Street
Byron Bay NSW Australia 2481

RE: The tariff classification of cookies from Australia.

Dear Ms. Sahawneh:

In your letter dated April 22, 2007, you requested a tariff classification ruling. Pictures and an ingredients breakdown were submitted with your letter. White Apricot Nougat Cookies are made from flour, white chocolate, apricots, butter, egg pulp, sugar, shredded coconut, almond flakes, starch, soy lecithin, salt, baking soda, and vanilla flavor. The baked cookies will be packed for retail sale in film-wrapped plastic trays, six cookies to a tray, in a box containing 150 grams of cookies in a plastic film bag, and in a plastic tray holding 130 grams of cookies, wrapped in a plastic bag, in a cardboard box.

The applicable subheading for the White Apricot Nougat Cookies will be 1905.31.0049, Harmonized Tariff Schedule of the United States (HTSUS), which provides for bread, pastry, cakes, biscuits and other bakers’ wares, whether or not containing cocoasweet biscuitsotherother. 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 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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