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NY L85886




July 11, 2005

CLA-2-19:RR:NC:2:228 L85886

CATEGORY: CLASSIFICATION

TARIFF NO.: 1905.31.0049

Ms. Chrissy Reiter
Agra-Services Brokerage Co., Inc.
221-20 147th Avenue
Jamaica, NY 11413

RE: The tariff classification of biscuits from Portugal.

Dear Ms. Reiter:

In your letter dated June 13, 2005, on behalf of Triunfo Foods Corp., Newark, NJ, you requested a tariff classification ruling.

The sample submitted with your request was examined and disposed of. Bolachas Torrada Biscuits are made from wheat flour, sugar, vegetable fat, whey, emulsifier, lecithin, sodium bicarbonate, ammonium bicarbonate, salt, antioxidant sodium metabisulphite, and artificial flavors. The biscuits measure 2-3/8 inches in diameter and are put up in a plastic wrapper containing 35 biscuits, weighing 7.06 ounces, net weight.

The applicable subheading for the biscuits will be 1905.31.0049, Harmonized Tariff Schedule of the United States (HTS), which provides for bread, pastry, cakes, biscuits and other bakers’ wares, whether or not containing cocoasweet biscuitsotherother. The rate of duty will be free.

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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