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NY N010222

May 24, 2007



TARIFF NO.: 1905.31.0049

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

RE: The tariff classification of cookies from Australia.

Dear Ms. Sahawneh:

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

Pictures and an ingredients breakdown were submitted with your letter. Triple Chocolate Fudge Cookies are made from flour, white compound chocolate, dark compound chocolate, butter, egg, sugar, cocoa powder, corn starch, soy lecithin, salt, soda, and vanilla flavor. The cookies are packaged for retail sale in seven different presentations: Café Cookies, six cookies in a film-wrapped plastic tray, Classic Wrap, a clear film bag containing 150 grams, net weight, Gift Tower, a plastic tray holding 130 grams of cookies, wrapped in a plastic bag, in a cardboard box, Gift Tray, cookies in a film bag on a cardboard tray, Single Wraps, individual cookies, film-wrapped, 12 cookies on a cardboard tray, Gift Canister, a tin alloy container holding 200 grams, net weight, and Gift Tin, individually wrapped cookies in a tin alloy container holding 300 grams, net weight.

The applicable subheading for the Triple Chocolate 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 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.


Robert B. Swierupski

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