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NY N010170




May 10, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 1905.31.0049

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

RE: The tariff classification of cookies from Australia

Dear Ms. Sahawneh:

In your letter dated April 22, 2007 you requested a tariff classification ruling.

Descriptive literature accompanied your letter. Butterscotch & Almond Shortbread are baked cookies composed of butter, flour, sugar, almonds, butterscotch, and salt. The cookies are packaged for retail sale in two presentations: Café Cookies, six cookies in a film-wrapped plastic tray, and Shortbread Box, cookies (net weight 150 grams) wrapped in a plastic bag inside a cardboard box.

The applicable subheading for the Butterscotch & Almond Shortbread cookies will be 1905.31.0049, Harmonized Tariff Schedule of the United States (HTSUS), which provides for bread, pastry, cakes, biscuits and other bakers’ waressweet 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 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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