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NY N012987




June 21, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 1905.90.9030

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

RE: The tariff classification of snack food crisps from Australia.

Dear Ms. Sahawneh:

In your letter dated April 23, 2007, you requested a tariff classification ruling.

A picture and an ingredients breakdown were submitted with your letter. A sample was received under separate cover on June 11, 2007. The sample was examined and disposed of. Coriander and Jalapeno Polenta Crisps are snack foods made from 34.1 percent flour, 20.5 polenta, 12.8 caster sugar, 9.4 percent canola oil, 9.4 percent Jalapeno, 8.5 percent egg pulp, 3.4 percent spelt flour, 1.4 percent salt, and 0.5 coriander seed. The ingredients are mixed to form a dough that is rolled, cut to size, baked at 356-392° Fahrenheit for 12-20 minutes, and cooled. The crisps are retail packed in clear film bags with a cardboard wrapper containing 130 grams, net weight.

The applicable subheading for the Coriander and Jalapeno Polenta Crisps will be 1905.90.9030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for bread, pastry, cakes, biscuits and other bakers’ wareswhether or not containing cocoaotherothercorn chips and similar crisp savory snack foods. The rate of duty will be 4.5 percent ad valorem.

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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