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NY N007744

March 16, 2007



TARIFF NO.: 1905.40.0000

Ms. Jessica DePinto
Hodes Keating & Pilon
134 North LaSalle Street
Chicago, IL 60602

RE: The tariff classification of a snack food from Bulgaria

Dear Ms. DePinto:

In your letter dated February 27, 2007 on behalf of Nonni’s Food Company, Inc., you requested a tariff classification and country of origin marking ruling.

Ingredients breakdowns for six products, and two samples, were submitted with your letter. The samples were examined and, as noted below, have been forwarded to Headquarters, Bureau of Customs and Border Protection, Washington, D.C. New York Style Brand® Bagel Crisps®, plain, garlic, sea salt, cinnamon raisin, sesame, and everything flavor, are crisp snack foods resembling a thinly sliced bagel, approximately 2-1/2 inches in diameter, put up for retail sale in metallized paper laminate pouches holding 6 ounces, net weight. The principle ingredients common to all varieties are wheat flour, palm oil, and salt. Other ingredients, depending on variety, include raisins, sugar, sesame seeds, poppy seeds, caraway seeds, onion pieces, and garlic pieces. The bagel crisps are made by combining all ingredients into a dough, rolling into a loaf (with a pin inserted to create the bagel hole), proofing, baking (approximately 35 minutes at 425 degrees Fahrenheit), staling, slicing, seasoning, and baking a second time (10 minutes at 425 degrees).

The applicable subheading for the bagel crisps will be 1905.40.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for bread, pastry, cakes, biscuits and other bakers’ waresrusks, toasted bread and similar toasted products. 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.

The question of country of origin marking, NY file no. N008320, is being referred to the Office of Regulations and Rulings, Bureau of Customs and Border Protection, 1300 Pennsylvania Avenue, N.W., Washington D.C. 20229. A ruling will be issued to you from that office.

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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