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NY N010181

May 10, 2007



TARIFF NO.: 1905.31.0049

Ms. Litsa Sahawneh
Byron Bay Cookie Company Pty Ltd.
6 Brigantine Street
Byron Bay, NSW 2481 Australia

RE: The tariff classification of cookies from Australia

Dear Ms. Sahawneh:

In your letter dated April 22, 2007 you requested a tariff classification ruling.

Descriptive literature accompanied your letter. Gluten Free Triple Choc Fudge Cookies are baked cookies composed of gluten free flour, white compound chocolate, dark compound chocolate, butter, egg pulp, sugar, starch, cocoa powder, sugar, skim milk powder, salt, soda, and vanilla. The cookies are packaged for retail sale in a box containing 150 grams of cookies in a plastic film bag, and as individually-wrapped cookies in a display box holding 12 cookies.

The applicable subheading for the Gluten Free Triple Choc Fudge Cookies will be 1905.31.0049, Harmonized Tariff Schedule of the United States (HTSUS), which provides for bread, pastry, cakes, biscuits and other bakers’ wares, whether or not containing cocoasweet biscuitsotherother. 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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