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NY N021122




January 2, 2008

CLA-2-17:OT:RR:E:NC:232

CATEGORY: CLASSIFICATION

TARIFF NO.: 1704.90.3550

Mrs. Carolyn Creswell
Carman’s Fine Foods Pty Ltd
4 Brickham Street
Cheltenham Victoria
3192 Australia

RE: The tariff classification of Carman’s Muesli (Granola) Bars from Australia

Dear Mrs. Creswell:

In your letter dated December 18, 2007, you requested a tariff classification ruling.

The subject merchandise is described as Carman’s Muesli (Granola) Bars in three variants: Classic Fruit, Apricot & Almond, and Original Fruit-Free, all products of Australia. Carman’s Classic Fruit Muesli bars are said to contain rolled oats, (nuts) almonds, hazelnuts, pecans, dried fruit (sultanas, currants, diced apricots), sunflower seeds, sesame seeds, honey, canola oil, cinnamon, glucose and natural vanilla. Carman’s Apricot and Almond Muesli bars are said to contain rolled oats, (nuts) almonds, hazelnuts, pecans, apricots, sunflower seeds, sesame seeds, honey, canola oil, cinnamon, glucose and natural vanilla. Carman’s Original Fruit-Free Muesli bars are said to contain rolled oats, (nuts) almonds, hazelnuts, pecans, sunflower seeds, sesame seeds, honey, canola oil, cinnamon, glucose and natural vanilla. The bars are individually wrapped in airtight plastic. They will be put up for retail sale, six 45-gram bars per box.

The applicable subheading for the Classic Fruit, Apricot & Almond, and Original Fruit-Free Muesli bars will be 1704.90.3550, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sugar confectionery (including white chocolate), not containing cocoa: other: confections or sweetmeats ready for consumption: other: other: put up for retail sale: other. The duty rate will be 5.6%.

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 Frank Troise at 646-733-3031.

Sincerely,

Robert B. Swierupski
Director,

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