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NY N014426

July 25, 2007



TARIFF NO.: 1905.31.0049; 1905.90.1090; 2103.20.4020

Ms. Gisele Blain
Gama Gourmet Series
Gedeon 11 Neo Psixiko
Athens, Greece 11525

RE: The tariff classification of food products from Greece

Dear Ms. Blain:

In your undated letter, received by this office on July 18, 2007, you requested a tariff classification ruling.

Five products are described in your letter: breadsticks, almond biscuits, sundried tomato pesto, sunflower seed honey bar, and black olive kalamata spread. Multigrain Breadsticks are said to be composed of flour, water, olive oil, mahlepi (ground cherry kernels), and baking powder. The Almond Biscuits are composed of flour, almonds, olive oil, sugar, spices, cinnamon, cloves, vanilla, and orange juice. The breadsticks and almond biscuits will be packaged for retail sale in containers holding 200 grams, net weight. Sundried Tomato Pesto consists of sundried tomatoes, olive oil, garlic, vinegar, and spices, and is packed for retail sale in a glass jar containing 85 grams, net weight.

The applicable subheading for the almond biscuits 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 cocosweet biscuitsotherother. The duty rate will be free.

The applicable subheading for the bread sticks will be 1905.90.1090, HTSUS, which provides for bread, pastry, cakes, biscuits and other bakers’ wares, whether or not containing cocootherbread, pastry, cakes, biscuits and similar baked productsotherother. The duty rate will be free.

The applicable subheading for the sundried tomato pesto will be 2103.20.4020, HTSUS, which provides for sauces and preparations therefor tomato ketchup and other tomato saucesother. The duty rate will be 6 percent ad valorem.

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/.

Your inquiry does not provide enough information for us to give a classification ruling on the sunflower seed honey bar and the black olive kalamata spread. Your request for a classification ruling should include a complete ingredients breakdown, by weight, and a sample of each product. When this information is available, you may wish to consider resubmission of your request.

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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