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NY M87058




October 20, 2006

CLA-2-17:RR:NC:2:228 M87058

CATEGORY: CLASSIFICATION

TARIFF NO.: 1704.90.3550, 1806.90.9019, 1905.32.0049

Ms. Rita Mollinary
Liberty Richter
400 Lyster Avenue
Saddle Brook, NJ 07663-5910

RE: The tariff classification of snack foods from Germany.

Dear Ms. Mollinary:

In your letter dated September 25, 2006, you requested a tariff classification ruling.

Samples, ingredients breakdowns, and a production flow chart were submitted with your letter. The samples were examined and disposed of. Yoghurty White Chocolate and Cranberry Clusters are said to contain yoghurt flavored white chocolate, rice crispies, dried cranberries, and puffed rice. Milk Chocolate and Hazelnut Clusters contain milk chocolate, roasted hazelnuts, rice crispies, and puffed rice. Milk Chocolate and Almond Wafer Biscuits consist of flat round wafers topped with roasted almonds and enrobed in chocolate. The Yoghurty White Chocolate and Strawberry Wafer Biscuits consist of flat round wafers topped with freeze-dried strawberries and enrobed in yoghurt flavored white chocolate. The clusters are wrapped in clear plastic bags and put up in coated paper cups with plastic lids, holding 80 grams, net weight. The biscuits are wrapped in clear plastic bags and put up in paper flip-top boxes, containing 100 grams, net weight.

The applicable subheading for the Yoghurty White Chocolate and Cranberry Clusters will be 1704.90.3550, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sugar confectionery (including white chocolate), not containing cocoaother confections or sweetmeats ready for consumption otherotherput up for retail saleother. The rate of duty will be 5.6 percent ad valorem.

The applicable subheading for the Milk Chocolate and Hazelnut Clusters will be 1806.90.9019, HTSUS, which provides for chocolate and other food preparations containing cocoaotherotherotherconfectioneryother. The rate of duty will be 6 percent ad valorem.

The applicable subheading for the Milk Chocolate and Almond Wafer Biscuits and the Yoghurty White Chocolate and Strawberry Wafer Biscuits will be 1905.32.0049, HTSUS, which provides for bread, pastry, cakes, biscuits and other bakers’ wares, whether or not containing cocoawaffles and wafersotherother. 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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