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NY N003984

December 14, 2006



TARIFF NO.: 1905.32.0049

Mr. Eric Hutchens
Cortez Customhouse Brokerage
4950 West Dickamn
Battle Creek, MI 49015

RE: The tariff classification of a food product from Greece

Dear Mr. Hutchens:

In your letter dated December 1, 2006, on behalf of Kellogg USA, Battle Creek, MI, you requested a tariff classification ruling.

Copies of the package artwork were submitted with your letter. The products, Cocoa Krispies™ or Fruit Loops™ “Cereal Straws”, consist of baked wafer tubes, approximately 6 inches long, with a chocolate or fruit-flavored confectionery lining, put up in packages for retail sale.

The applicable subheading for the Cereal Straws will be1905.32.0049, Harmonized Tariff Schedule of the United States (HTSUS), which provides for bread, pastry, cakes, biscuits and other bakers’ wares, whether or not containing cocoa waffles 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 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.


Robert B. Swierupski

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